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Recast of the EU patent law system and its Lessons (유럽연합 특허시스템의 대대적 변혁과 그 교훈)

  • Kim, Yong-Jin
    • Journal of Legislation Research
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    • no.54
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    • pp.303-343
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    • 2018
  • In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

The political implication of Malaysia's electoral authoritarian regime collapse: Focusing on the analysis of the 14th general election (말레이시아 선거권위주의 체제 붕괴의 정치적 함의 : 2018년 14대 총선을 중심으로)

  • HWANG, Inwon
    • The Southeast Asian review
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    • v.28 no.3
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    • pp.213-261
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    • 2018
  • On May 9, 2018, regime change took place in Malaysia. It was the first regime change that took place in 61 years after independence in 1957. The regime change was an unexpected result not only in Malaysian experts but also in political circles. Moreover, the outcome of the election was more shocking because the opposition party was divided in this general election. The regime change in Malaysia was enough to attract worldwide attention because it meant the collapse of the oldest regime in the modern political system that exists, except North Korea and China. How could this have happened? In particular, how could the regime change, which had not been accomplished despite opposition parties' cooperation for almost 20 years, could be achieved with the divided opposition forces? What political implications does the 2018 general election result have for political change and democratization in Malaysia? How will the Malaysian politics be developed in the aftermath of the regime change? It is worth noting that during the process of finding answers, a series of general elections since the start of reformasi in 1998 tended to be likened to a series of "tsunami" in the Malaysian electoral history. This phenomenon of tsunami means that, even though very few predicted the possibility of regime change among academia, civil society and political circles, the regime change was not sudden. In other words, the regime in 2018 was the result of the desire and expectation of political change through a series of elections of Malaysian voters last 20 years. In this context, this study, in analyzing the results of the election in 2018, shows that the activation of electoral politics triggered by the reform movement in 1998, along with the specific situational factors in 2018, could lead to collapse of the ruling government for the first time since independence.

A Study on the Influence of the Water System on the Location and Spatial Structure of Hongju-seong (수체계가 홍주성의 입지와 공간구조 변천과정에 미친 영향)

  • Lee, Kyung-Chan;Kang, In-Ae
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.4
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    • pp.12-24
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    • 2020
  • The purpose of this study is to analyze the influence of the water system on the location, spatial structure, and construction method of Hongju-eupseong, centering on Hongjumok-eupchi. During the Joseon Dynasty, the water system in Hongjumok-eupchi is composed of artificially constructed Seong-an Runnel and ponds based on a branch-shaped natural waterways flowing from south to north and west to east. Compiling the results of various literature records, excavations and analysis of map data, it can be seen that the water system has an important influence on the construction of Hongju-seong. Firstly, Hongju-seong from the Goryeo Dynasty to the late Joseon Dynasty is located using a circular shape of topographical structure and a small erosion basin formed on the inner side of the Hongseongcheon and Wolgyecheon streams without significant change in location. In particular, Wolgyecheon and Hongseongcheon are natural moats, which are harmonized with Sohyangcheon and riverside topographical structures, affecting the location and construction method of Hongju-seong, water related facilities, and the spatial structure of eupseong. It is understood that location characteristic of Hongju-seong reflects the urban location structure harmonized with waterways in ancient China and Korea. Secondly in harmony with the water system and topographic structure of Hongju-seong, it is an important factor in deciding the land use of the town, the arrangement of the town hall facilities and inducing various non-subsidiary measures such as the establishment of embankment forest with a secret function and the closure of the south gate. In addition, artificial drainage facilities such as Seongan runnel and ponds are being actively introduced from early on to protect the walls or towns from flooding of Wolgyecheon. Especially there were typical methods for protecting the walls from water damage such as the Joseon Dynasty stone castle structure that was integrated with saturn(soil wall) in the Goryeo Dynasty, retreating wall in the northern gate area in the late Joseon Dynasty, and the method of constructing wall using korean tile and stone floors between reinforced soil layers in the western and northern wall.

A Study of the Current State of the Garden and Restoration Proposal for the Original Garden of Yi Cheon-bo's Historic House in Gapyeong (가평 이천보(李天輔) 고가(古家)의 정원 현황과 원형 복원을 위한 제안)

  • Rho, Jaehyun;Choi, Seunghee;Jang, Hyeyoung
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.118-135
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    • 2020
  • It is not uncommon in Korea to see the structure and function of a garden remain intact as well as its form. Yi Cheon-bo's Historic House (Gyeonggi-do Cultural Heritage Item No. 55), located in Sang-myeon, Gapyeong-gun, Gyeonggi-do, is considered an example of very valuable garden heritage, although its family history, location, and remaining buildings and natural cultural assets are not fully intact. Along with Yi Cheon-bo's Historic House, this study attempted to explore the possibility of restoration of the forest houses and gardens by highlighting the high value of Yi Cheon-bo's Historic House through research into the typical layout of private households in northern Gyeonggi Province and Gapyeong County, comparative review of aerial photographs from 1954, and interviews with those involved. The results of the study are as follows: In this study, the presence of Banggye-dongmun and Bansukam in the Banggyecheon area, where the location of the garden was well-preserved, was examined across the landscape of the outer garden, while the location of Yi Cheon-bo's Historic House, the appearance of feng shui, and the viewing axis were considered. Also, the appearance of the lost main house was inferred from the arrangement and shape of the Sarangchae and Haengrangchae that remain in the original garden, and the asymmetry of the Sarangchae Numaru and the hapgak shape on the side of the roof. In addition, the three tablets (Pyeonaeks) of Sanggodang (尙古堂), Bangyejeongsa (磻溪精舍), and Okgyeongsanbang (玉聲山房) were used to infer the landscape, use, and symbolism of the men's quarters. Also, a survey was conducted on the trees that existed or existed in the high prices. Incidentally, it was confirmed that information on boards and cultural properties of Yeonha-ri juniper (Gyeonggi-do Monument No. 61) was recorded to a much lesser extent than the actual required standard, and the juniper trees remaining in the front of Haengrangchae should also be re-evaluated after speculation. On the other hand, as a result of estimating the original shape as a way of pursuing completeness of the garden through restoration of the lost women's quarters and shrine, it is estimated that the main house was placed in the form of a '口' or a 'be warped 口' on the right (north) side of the men's quarters. By synthesizing these results, a restoration alternative for Yi Cheon-bo's Historic House was suggested.

A Numerical Study on the Characteristics of Flows and Fine Particulate Matter (PM2.5) Distributions in an Urban Area Using a Multi-scale Model: Part II - Effects of Road Emission (다중규모 모델을 이용한 도시 지역 흐름과 초미세먼지(PM2.5) 분포 특성 연구: Part II - 도로 배출 영향)

  • Park, Soo-Jin;Choi, Wonsik;Kim, Jae-Jin
    • Korean Journal of Remote Sensing
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    • v.36 no.6_3
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    • pp.1653-1667
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    • 2020
  • In this study, we coupled a computation fluid dynamics (CFD) model to the local data assimilation and prediction system (LDAPS), a current operational numerical weather prediction model of the Korea Meteorological Administration. We investigated the characteristics of fine particulate matter (PM2.5) distributions in a building-congested district. To analyze the effects of road emission on the PM2.5 concentrations, we calculated road emissions based on the monthly, daily, and hourly emission factors and the total amount of PM2.5 emissions established from the Clean Air Policy Support System (CAPSS) of the Ministry of Environment. We validated the simulated PM2.5 concentrations against those measured at the PKNU-AQ Sensor stations. In the cases of no road emission, the LDAPS-CFD model underestimated the PM2.5 concentrations measured at the PKNU-AQ Sensor stations. The LDAPS-CFD model improved the PM2.5 concentration predictions by considering road emission. At 07 and 19 LST on 22 June 2020, the southerly wind was dominant at the target area. The PM2.5 distribution at 07 LST were similar to that at 19 LST. The simulated PM2.5 concentrations were significantly affected by the road emissions at the roadside but not significantly at the building roof. In the road-emission case, the PM2.5 concentration was high at the north (wind speeds were weak) and west roads (a long street canyon). The PM2.5 concentration was low in the east road where the building density was relatively low.

Structural Geometry, Kinematics and Microstructures of the Imjingang Belt in the Munsan Area, Korea (임진강대 문산지역의 구조기하, 키네마틱스 및 미세구조 연구)

  • Lee, Hyunseo;Jang, Yirang;Kwon, Sanghoon
    • Economic and Environmental Geology
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    • v.54 no.2
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    • pp.271-283
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    • 2021
  • The Imjingang Belt in the middle-western Korean Peninsula has tectonically been correlated with the Permo-Triassic Qinling-Dabie-Sulu collisional belt between the North and South China cratons in terms of collisional tectonics. Within the belt, crustal-scale extensional ductile shear zones that were interpreted to be formed during collapsing stage with thrusts and folds were reported as evidence of collisional events by previous studies. In this study, we tried to understand the nature of deformation along the southern boundary of the belt in the Munsan area based on the interpretations of recently conducted structural analyses. To figure out the realistic geometry of the study area, the down-plunge projection was carried out based on the geometric relationships between structural elements from the detailed field investigation. We also conducted kinematic interpretations based on the observed shear sense indicators from the outcrops and the oriented thin-sections made from the mylonite samples. The prominent structures of the Munsan area are the regional-scale ENE-WSW striking thrust and the N-S trending map-scale folds, both in its hanging wall and footwall areas. Shear sense indicators suggest both eastward and westward vergence, showing opposite directions on each limb of the map-scale folds in the Munsan area. In addition, observed deformed microstructures from the biotite gneiss and the metasyenite of the Munsan area suggest that their deformation conditions are corresponding to the typical mid-crustal plastic deformation of the quartzofeldspathic metamorphic rocks. These microstructural results combined with the macro-scale structural interpretations suggest that the shear zones preserved in the Munsan area is mostly related to the development of the N-S trending map-scale folds that might be formed by flexural folding rather than the previously reported E-W trending crustal-scale extensional ductile shear zone by Permo-Triassic collision. These detailed examinations of the structures preserved in the Imjingang Belt can further contribute to solving the tectonic enigma of the Korean collisional orogen.

Research on Spiritual Direction in the Korean Protestant Context (한국 개신교 상황에서 영적 지도 연구)

  • Jingu Kwon
    • Journal of Christian Education in Korea
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    • v.73
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    • pp.139-157
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    • 2023
  • In Korean Protestantism, interest in Christian spirituality has grown significantly since the 1980s. Spirituality is now studied and used as a crucial term and topic in theology and ministry. As research on spirituality expanded to various areas of study and ministry and various topics related to spirituality were dealt with, research on spiritual direction also began. Oe-Shik Kim and Hae-Yong Yoo, who studied in North America, are the early scholars who began to study spiritual direction in Korean Protestantism in the 1990s. Their research has influenced Korean Protestant scholars and pastors to understand spiritual direction and apply it to seminary education and the Korean Protestant churches. Spiritual direction has been practiced in the Korean church in the form and content of faith education, spiritual training, devotional training, discipleship training, small groups, and pastoral counseling. The spiritual direction practiced by Eastern, Western, and monastic traditions throughout Christian history is not shared by Korean Protestants. Because Korean Protestantism has developed a unique spiritual tradition in the Korean context, its contents and forms of spiritual direction reflect the Korean context. Korean Protestants are more familiar with Tongsung Kido, early morning prayer, Bible study or Bible meditation, and small groups than contemplative traditions and individual spiritual direction. Thirty years have passed since research on spiritual direction began. The Korean Protestant academia needs to critically reflect on its research and practice. Spiritual direction is a term and tradition of different Christian cultures around the world and is part of Christian history and tradition. Korean Protestant scholars and church ministers need to accept the concept and application of spiritual direction considering the context and spiritual tradition of Korean Protestant churches, a flexible understanding, perspective, and attitude toward the concept and application of spiritual direction in Korean Protestant churches are needed.

Terrain Shadow Detection in Satellite Images of the Korean Peninsula Using a Hill-Shade Algorithm (음영기복 알고리즘을 활용한 한반도 촬영 위성영상에서의 지형그림자 탐지)

  • Hyeong-Gyu Kim;Joongbin Lim;Kyoung-Min Kim;Myoungsoo Won;Taejung Kim
    • Korean Journal of Remote Sensing
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    • v.39 no.5_1
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    • pp.637-654
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    • 2023
  • In recent years, the number of users has been increasing with the rapid development of earth observation satellites. In response, the Committee on Earth Observation Satellites (CEOS) has been striving to provide user-friendly satellite images by introducing the concept of Analysis Ready Data (ARD) and defining its requirements as CEOS ARD for Land (CARD4L). In ARD, a mask called an Unusable Data Mask (UDM), identifying unnecessary pixels for land analysis, should be provided with a satellite image. UDMs include clouds, cloud shadows, terrain shadows, etc. Terrain shadows are generated in mountainous terrain with large terrain relief, and these areas cause errors in analysis due to their low radiation intensity. previous research on terrain shadow detection focused on detecting terrain shadow pixels to correct terrain shadows. However, this should be replaced by the terrain correction method. Therefore, there is a need to expand the purpose of terrain shadow detection. In this study, to utilize CAS500-4 for forest and agriculture analysis, we extended the scope of the terrain shadow detection to shaded areas. This paper aims to analyze the potential for terrain shadow detection to make a terrain shadow mask for South and North Korea. To detect terrain shadows, we used a Hill-shade algorithm that utilizes the position of the sun and a surface's derivatives, such as slope and aspect. Using RapidEye images with a spatial resolution of 5 meters and Sentinel-2 images with a spatial resolution of 10 meters over the Korean Peninsula, the optimal threshold for shadow determination was confirmed by comparing them with the ground truth. The optimal threshold was used to perform terrain shadow detection, and the results were analyzed. As a qualitative result, it was confirmed that the shape was similar to the ground truth as a whole. In addition, it was confirmed that most of the F1 scores were between 0.8 and 0.94 for all images tested. Based on the results of this study, it was confirmed that automatic terrain shadow detection was well performed throughout the Korean Peninsula.

Overcoming taxonomic challenges in DNA barcoding for improvement of identification and preservation of clariid catfish species

  • Piangjai Chalermwong;Thitipong Panthum;Pish Wattanadilokcahtkun;Nattakan Ariyaraphong;Thanyapat Thong;Phanitada Srikampa;Worapong Singchat;Syed Farhan Ahmad;Kantika Noito;Ryan Rasoarahona;Artem Lisachov;Hina Ali;Ekaphan Kraichak;Narongrit Muangmai;Satid Chatchaiphan6;Kednapat Sriphairoj;Sittichai Hatachote;Aingorn Chaiyes;Chatchawan Jantasuriyarat;Visarut Chailertlit;Warong Suksavate;Jumaporn Sonongbua;Witsanu Srimai;Sunchai Payungporn;Kyudong Han;Agostinho Antunes;Prapansak Srisapoome;Akihiko Koga;Prateep Duengkae;Yoichi Matsuda;Uthairat Na-Nakorn;Kornsorn Srikulnath
    • Genomics & Informatics
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    • v.21 no.3
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    • pp.39.1-39.15
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    • 2023
  • DNA barcoding without assessing reliability and validity causes taxonomic errors of species identification, which is responsible for disruptions of their conservation and aquaculture industry. Although DNA barcoding facilitates molecular identification and phylogenetic analysis of species, its availability in clariid catfish lineage remains uncertain. In this study, DNA barcoding was developed and validated for clariid catfish. 2,970 barcode sequences from mitochondrial cytochrome c oxidase I (COI) and cytochrome b (Cytb) genes and D-loop sequences were analyzed for 37 clariid catfish species. The highest intraspecific nearest neighbor distances were 85.47%, 98.03%, and 89.10% for COI, Cytb, and D-loop sequences, respectively. This suggests that the Cytb gene is the most appropriate for identifying clariid catfish and can serve as a standard region for DNA barcoding. A positive barcoding gap between interspecific and intraspecific sequence divergence was observed in the Cytb dataset but not in the COI and D-loop datasets. Intraspecific variation was typically less than 4.4%, whereas interspecific variation was generally more than 66.9%. However, a species complex was detected in walking catfish and significant intraspecific sequence divergence was observed in North African catfish. These findings suggest the need to focus on developing a DNA barcoding system for classifying clariid catfish properly and to validate its efficacy for a wider range of clariid catfish. With an enriched database of multiple sequences from a target species and its genus, species identification can be more accurate and biodiversity assessment of the species can be facilitated.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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