• Journal of Legislation Research
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• no.53
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• pp.553-591
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• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Journal of Legislation Research
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• no.44
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• pp.611-653
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• 2013

An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.

• Journal of Legislation Research
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• no.44
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• pp.571-610
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• 2013

The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

• The Journal of Korean Society for Radiation Therapy
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• v.30 no.1_2
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• pp.97-105
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• 2018

Purpose : Proton Therapy using Bragg-peak, because it has distinct characteristics in providing maximum dosage for tumor and minimal dosage for normal tissue, a medical imaging system that can quantify changes in patient position or treatment area is of paramount importance to the treatment of protons. The purpose of this research is to evaluate the usefulness of the algorithm by comparing the image matching through the set-up and in-house code through the existing dips program by producing a Matlab-based in-house registration code to determine the error value between dips and DRR to evaluate the accuracy of the existing treatment. Materials and Methods : Thirteen patients with brain tumors and head and neck cancer who received proton therapy were included in this study and used the DIPS Program System (Version 2.4.3, IBA, Belgium) for image comparison and the Eclipse Proton Planning System (Version 13.7, Varian, USA) for patient treatment planning. For Validation of the Registration method, a test image was artificially rotated and moved to match the existing image, and the initial set up image of DIPS program of existing set up process was image-matched with plan DRR, and the error value was obtained, and the usefulness of the algorithm was evaluated. Results : When the test image was moved 0.5, 1, and 10 cm in the left and right directions, the average error was 0.018 cm. When the test image was rotated counterclockwise by 1 and $10^{\circ}$, the error was $0.0011^{\circ}$. When the initial images of four patients were imaged, the mean error was 0.056, 0.044, and 0.053 cm in the order of x, y, and z, and 0.190 and $0.206^{\circ}$ in the order of rotation and pitch. When the final images of 13 patients were imaged, the mean differences were 0.062, 0.085, and 0.074 cm in the order of x, y, and z, and 0.120 cm as the vector value. Rotation and pitch were 0.171 and $0.174^{\circ}$, respectively. Conclusion : The Matlab-based In-house Registration code produced through this study showed accurate Image matching based on Intensity as well as the simple image as well as anatomical structure. Also, the Set-up error through the DIPS program of the existing treatment method showed a very slight difference, confirming the accuracy of the proton therapy. Future development of additional programs and future Intensity-based Matlab In-house code research will be necessary for future clinical applications.

• Journal of Bio-Environment Control
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• v.28 no.4
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• pp.279-285
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• 2019

To estimate daily canopy photosynthesis, accurate estimation of canopy light interception according to a daily solar position is needed. However, this process needs a lot of cost, time, manpower, and difficulty when measuring manually. Various modeling approaches have been applied so far, but it was difficult to accurately estimate light interception by conventional methods. The objective of this study is to estimate the spatial distributions of light interception and photosynthetic rate of paprika with time by using 3D-scanned plant models and optical simulation. Structural models of greenhouse paprika were constructed with a portable 3D scanner. To investigate the change in canopy light interception by surrounding plants, the 3D paprika models were arranged at $1{\times}1$ and $9{\times}9$ isotropic forms with a distance of 60 cm between plants. The light interception was obtained by optical simulation, and the photosynthetic rate was calculated by a rectangular hyperbola model. The spatial distributions of canopy light interception of the 3D paprika model showed different patterns with solar altitude at 9:00, 12:00, and 15:00. The total canopy light interception decreased with an increase of surrounding plants like an arrangement of $9{\times}9$, and the decreasing rate was lowest at 12:00. The canopy photosynthetic rate showed a similar tendency with the canopy light interception, but its decreasing rate was lower than that of the light interception due to the saturation of photosynthetic rate of upper leaves of the plants. In this study, by using the 3D-scanned plant model and optical simulation, it was possible to analyze the light interception and photosynthesis of plant canopy under various conditions, and it can be an effective way to estimate accurate light interception and photosynthesis of plants.

• The Korean Journal of Malacology
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• v.27 no.2
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• pp.131-141
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• 2011

Boring caracteristics, boring rate, and predation, rates on the valves of the seed and adult clams of Meretrix petechialis by Glossaulax didyma didyma in the shellfish aquafarm and the indoor rearing aquarium were investigated by various morphometric data. The investigations were carried out from June to September, 2007. The morphology of drilled holes on the valves of M. petechialis showed the crater type as seen in the spats of Ruditapes philippinarum and M. lusoria. The sizes of the outer diameters of holes were greater than the inner diameters of the holes on the valves of M. petechialis in the shellfish aquafarm and the indoor aquarium at the laboratory. On the whole, the sizes of the holes on the valves of the seeds of M. petechialis was smaller than those bored holes on the adult valves. The location of the bored holes on the valves of the seeds varied widely with the the sizes of the individuals of M. petichialis, while most of holes on the valves of adult clams were located near the umbo position of the valves of the clams in the shellfish aquafarm and the indoor aquarium at the laboratory. On the whole, the outer and inner diameters of the bored holes increased with increase of shell lengths of the clams in the shellfish aquafarm and the indoor rearing aquarium at the laboratory. The authors could confirm experimentally the boring snail, G. didyma didyma, drilled the seeds and adult clams of M. petechialis. In the experiments for 15 days (three times repeated) in the indoor rearing aquarium at the laboratory, the mortality of dead shells to total shells of M. petechialis by boring snail Glossaulax didyma didyma was totally average 41.5%, and percent of drilled shells to total dead shells of clams by the boring snail was average 47.1%. Of total shells, percent of drilled shells to total shells of clams by the boring snail was totally average 19.3%. Predation of G. didyma didyma were greater at night than the day time. Average 0.5 seed and adult individuals of M. petewchialis were consumed per G. didyma didyma, per day. Predation varied with shell lengths of M. petechialis and shell widths of G. didyma didyma.

• Korea journal of population studies
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• v.11 no.1
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• pp.50-57
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• 1988

This study focused on the anding of Inchon's identity The empirical method and ethnomethodological approaches were used to collect the data. Among members ofcitizen movement groups,government workers,and students who are living inInchon were selected as 613 samples using a purposive sampling method. MultipleClassification Analysis (MCA) and cross-tabulation methods were used in theanalysisThe study of identity in an area is important in terms of providing the solution ofthe problem in a region and social integration of the citizens. The scores of the indexabout Inchon's identity are quite low and more than half of the respondents to allthree groups showed the middle position of the scores from the identity index. By thecharacteristics of the respondents,female,unmarried single,30 years or more,lowerincome groups showed relatively higher identity index scores than other counter-parts . And professional,administrative,clerical workers'identity index scores werehigher than people who work at sales,service,and agricultural sectors. Respondentswith 2 years of college or more,with intentions to donate special monies for cultural, social welfare, environmental reform,persons who want to live in Inchon for along period of time equipped with a stronger identity index.For the character of Inchon's identity,there are no identity,making it fromnow on,capacity or broad-minded city,vanguard pioneer,displeased, Oiversity/multiplicity of the city,defense spirit from foreign invasion,entrancecity from the world in that order. Therefore,it is hard to say what exactly Inchon'simage is in a single word. However,Inchon can be characterized as a diverse citywith capacity to live together without any serious conflicts among citizens who come from Seoul,Kyunggi-Do,Chungchung-Do,Chunla-Do,Kyungsang-Do,and foreign countries including North Korea. These facts imply that Inchon should continue topursue this image as a diverse city with capacity as an identity pursuing towardsworld city and hub city of North East Asia.ty as an identity pursuing towardsworld city and hub city of North East Asia. East Asia.

• Korea journal of population studies
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• v.11 no.1
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• pp.204-229
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• 1988

This paper documents and discusses trends and differentials in youth's participation in the labor force and employment. Youth in this study is defined asthe young aged 15-29. Youth passes through a series of life-course transitions,which include school completion own family formation(marriage and childbirth) .mandatory service in the army (by males) , and their economic activities are affectedby those life-course events. Accordingly we show how and to what extent youth'slabor force participation and employment varies with age and how the age patternhas changed over time.Throughout the 1980's and 1990's, youth's labor force participation showeddifferent trends by age group Labor fDrce participation rate of the 15-19 agedsteeply decreased, while that of the 25-29 steadily increased during the twodecades, the rate fsr the 20-24 aged showing not much variation. The former is dueto the increased rate of school enrollment among the age group, while the lattercould be attributed, in part, to the young women s increased and more steadyparticipation in the labor force over time.While labor force participation could be considered as a result of one's choicesand preferences, employment opportunities are more or less restricted by labormarket structure and institutions . This study documents how the structuralconstraints have interacted with individual and group attributes to differentiateemployment opportunities between individuals (educational background) and groups(especially sex diffrences) . One of the most salient feature of youth's em[ploymentstructure is the recent high unemployment rate of the college graduates. We discusshow that is related to the'credential society'in which one's educational credentials and it's social status play major role in determining who gets what in terms of job opportunities. Also is discussed the discordance between school and labor marketsupply and demand system, which is apparent in the prolonged oversupply of thecollege graduates, which is due to the consistently high rate of college entranceobserved since the early 1980's. Theoretically the job market for college graduates isviewed not as the'neoclassical'wage competition market but as job competition market in which one's (good) job opportunity is determined by one s position in thejob queue, which is in turn heavily dependent on from which college one get shis/her college degree as well as one's sex.

• Journal of the Korean Society of Hazard Mitigation
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• v.11 no.1
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• pp.29-35
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• 2011

This study not only investigates emergency medical personnel's posttraumatic stress(PTS), social support, work burden, and coping style but also identifies related factors which were exerted influence on PTS and active coping method of emergency medical personnels among the firefighters. The data were gathered from 143 emergency medical personnels who were receiving training. The data were collected by IES-R, consisting of twenty-two questions that determine the level of PTS, method used in Cho's research(2000) that deal with work burden, method used in Oh's article (2006) relating to social support, and sixty-two questions that deals with coping methods. Then the data gathered were analyzed using SPSSWIN 14.0 program. PTS of general characteristics showed significant difference in age, marriage status, education, and position. High risk group of PTS was 74(51.7%). Work burden, active and passive coping method, and three symptoms in PTS are significantly high(p=0.000) in high risk group. PTS was correlated with work burden(r=0.508, p=0.000), active coping method(r=0.375, p=0.000), and passive coping method(r=0.505, p=0.000) but not with social support. Related factors of PTS were work burden(0.371) and passive coping method(0.366). Also related factors of high risk group of PTS were work burden(odds ratio=1.064, 95% confidence interval:1.031-1.103) and passive coping(odds ratio=1.050, 95% confidence interval:1.022-1.080). Related factors of active coping method were PTS(0.392) and social support(0.158). To minimize the PTS of emergency medical personnels, the new policy should decrease their work burden and passive coping method and strengthen the social support to encourage active coping method.

• Korean Journal of Soil Science and Fertilizer
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• v.22 no.1
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• pp.6-11
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• 1989

This investigation was conducted to get basic informations on land consolidation works and soil management for arable land. The characteristics of geometrical features of mapping units in the detailed soil maps of Korea were measured from 70 soil series (565 soil phases) by using a picture analysis system. The results obtained were as follows: 1. The mean values of the mapping units in extent, periphery, diameter of long axis and short axis, roundness and number of acute angles were 22.0ha, 2.267m, 911m, 0.104, and 3.5, respectively. It was suggested that "Simplicity Index of Mapping Unit", $=\frac{Extent\;in\;ara}{Length\;of\;boundary\;periphery\;in\;meter}{\times}\frac{1}{number\;of\;acute\;angle}$ be valuable to judge the complexity degrees of mapping units. 2. The size of mapping unit among physiographyic position was shown in order of Alluvial plains > Fluviomarine plains > Terraces > Hills > Fans > Mt. foot slopes > Valleys, and the simplicity index of mapping units also showed similar order of the extent. 3. The size and the simplicity index of the soils developed on plains with silty textured imperfectly drained were higher than the soils developed on sloped land with loamy textured. As the slopes getting steeper or relatively better in soil drainage, the size and the simplicity index became smaller. 4. The relationship between the simplicity index and the size of the farm unit divides by the land consolidation works was positively correlated. And it was concluded that the parcelling of the farm unit divides by the planning of land consolidation should be based on the soil boundaries of the detailed soil maps for mechanized or collaborated farming.