• Title/Summary/Keyword: Permanent judge system

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A Case Study on Running the Permanent Judge System of the Korean Sport & Olympic Committee (대한체육회 상임심판제도 운영실태에 관한 사례연구)

  • Kim, Mi-Suk;Kim, Il-Gwang;Jeon, Sang-Wan
    • Journal of Digital Convergence
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    • v.16 no.3
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    • pp.487-495
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    • 2018
  • The purpose of this study is to diagnose problems of the permanent judge system by examining the cases of practical running of the permanent judge system, and to provide basic materials for the settlement of fair and transparent judge culture. The findings of the case studies are as follows. First, the difficulties in selection, allocation, and education of judges caused by the operation of the permanent judge system. The problems in allocation are forceful allocation, conflict over allocation with general judges. The problems in evaluation are individual evaluation and limits of fairness, lack of evaluation rules. Second, the unpredictability of whether the permanent judge system survive or not. Third, there are some environmental constraints of the permanent judge system. Lack of protective apparatus is lack of rescue method and solution for intentional protest. Forth, there is a problem of low recognition of the permanent judge system. As the federation has been not active in publicizing the permanent judge system, the system is not well known.

The Health Effects of Whole Body Vibration

  • Lee, Soo-Jin;Roh, Soo-Yong
    • Journal of the Ergonomics Society of Korea
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    • v.32 no.4
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    • pp.297-301
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    • 2013
  • Objective: The purpose of this study is to review the hazards of whole body vibration(WBV) and prevent human injuries due to WBV. Background: Vibrations that shake the whole body in vehicles and vessels is WBV. Vibration at a specific frequency, and intensity in the human body can act as a hazard. But, it has not yet done enough research about effects of WBV. Method: We analyzed and reviewed occupational or ergonomic papers published past 30 years. Results: Exposure to whole body vibration can cause permanent physical injury or damage of the nervous system. In addition, it may cause problem in the cardiovascular system, digestive system, musculoskeletal system, endocrine system, reproductive system, and psychological system. The effect of vibration depends on its acceleration, duration, frequency, and direction. Conclusion: WBV-exposed human body experience a high risk of some illnesses such as lumbar spinal disorders. Some workers(bus drivers, truck drivers and heavy equipment operators) are the high risk population exposed to WBV. Application: The results of this study might help to judge and prevent occupational disease caused by WBV.

Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • 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.