• 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.

• Korean Journal of Ecology and Environment
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• v.52 no.3
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• pp.245-265
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• 2019

Biotope, which represents the characteristic habitats of living organisms, need to be identified as essential for the efficient creation and sustainable management of urban ecosystems. This study was carried out to provide the basic information for ecological urban planning by analyzing types and attributes of the biotop established throughout the whole area of the Pohang city, a representative industrial city in Korea. The biotop established in Pohang city is composed of 12 types including forests (coniferous, deciduous, and mixed forests), agricultural fields (rice paddy and upland field), green facilities, river, reservoir, bare ground, residential area, public facilities, commercial area, industrial area, roads, and schools. As a result of analyzing the properties according to biotop types, industrial, commercial and residential areas, which represent urban areas, was dominated by introduced vegetation. Moreover the introduced vegetation is usually composed of exotic plants or modified forms for landscape architecture and horticulture rather than native plants, which reflects ecological property of both region and site. As the distance from the urban center increases, the agricultural field showed a form of typical farmland, whereas the closer it is, the more form of greenhouse farming. Natural green spaces were divided into riparian vegetation established along the stream and forest vegetation. Forest vegetation is consisted of secondary forests (seven communities) and plantations (three communities). The urban landscape of Pohang city is dominated by the industrial area. Among them, the steel industry, which occurs large amounts of heat pollution and carbon dioxide, occupies a large proportion. On the other hand, green space is very insufficient in quantity and inferior in quality. This study proposed several restoration plans and further, a green network, which ties the existing green spaces and the green space to be restored as a strategy to improve the environmental quality in this area.

• The Korean Journal of Archival Studies
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• no.28
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• pp.3-33
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• 2011

The Office of Crown Properties was established to manage the property of royal properties as an institution belonging to the Department of the Royal Household in April, 1895. However, as the Great Han Empire established and various policies enforcing the power of the emperor became introduced, the Office of Crown Properties came to be expanded to a large financial agency that would be in charge of various financial sources such as Public Land and Maritime Tax. As the Office of Crown Properties came to manage various income sources, it classified the documents dealing with various government agencies in the Capital and other countryside regions by the unit of Section. The Office of Crown Properties classified the documents by Section and filed them according to Sending/Receiving subject. Sometimes, it filed one kind of document only but sometimes many different kinds of documents were filed together. The types of the document can show the characteristics of the document and the hierarchy of the related agencies through the document name. The fact that they filed the documents with different grades in one file shows that the hierarchy of the agency they dealt with was not the primary standard of the filing and that they did not file the documents by its type. The Office of Crown Properties did not file the related documents in the same file, either. We can say the documents are related if they were corresponded with other agencies while they dealt with a specific item. However, they did not file the related documents in the same file but distinguished sending documents from receiving documents. The reason why they filed different kind documents in the same file and separated the related documents in different file was they took 'whether they were sent or received' as the primary filing standard. They separated the sending documents from the receiving documents first and then filed them according to time regardless of the region or institution. The Office of Crown Properties primarily classified the documents by Section, classified the documents with the standard of whether they were receiving documents or sending documents and then filed them in a file according to the time. It means that the Office of Crown Properties came to create the Official Document Classification and filing system.

• Journal of the Society of Disaster Information
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• v.18 no.2
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• pp.280-289
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• 2022

Purpose: In this study, the characteristics of fire occurrence according to ignition heat sources such as operating equipment, cigarette/lighter fire, and flame/fire were analyzed. Method: One-way ANOVA and cross-analysis were used to analyze the characteristics of fire occurrence by verifying the difference between the ignition environment, fire damage status and scale, and cause of ignition according to the ignition heat source. Result: The fire occurrence characteristics were analyzed through As a result of the analysis, it was found that fires caused by operating devices occurred more frequently on weekdays than other ignition heat sources, and the number of victims and the number of victims were the highest, so mobilization of firefighting power and property damage were the greatest. The initial ignition was generated by electric and electronic devices, and the combustion was expanded by the synthetic resin. For fires caused by cigarette and lighter fires, the most fires occurred on Saturdays and Sundays, and the mobilization of the police force was more characteristic than the mobilization of the firefighting force. In particular, it was found that the initial ignition and combustion expansion were caused by paper, wood, and hay. Fires caused by sparks and sparks occurred most frequently on Saturdays and Sundays, and initial ignition and combustion expansion were found to be caused by paper, wood, and hay. In particular, it showed the characteristic that it occurred in the place farthest from the fire station. The common characteristic of all ignition heat sources was that the fire occurred most frequently in the afternoon time, and the fire type was predominantly the building structure fire, and only the ignition point was burned the most. Conclusion: In order to prevent fire and minimize damage, it is necessary to analyze the tendency of fire occurrence and to prepare appropriate preparations according to the fire occurrence factors. In order to analyze the characteristics of fire occurrence using public data in the future, it is necessary to standardize disaster data and to open and activate data.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.81-119
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• 2022

Medical device market is strongly related with health care market. Public regulation in medical device market tends to be more lenient than health care market. In this market, competition law, administrative law and intellectual property law are intertwined, and thereby a variety of legal issues could be developed. Recently, dominant undertaking's abuse case was dealt with KFTC(Korea Fair Trade Commission) and Seoul High Court. The issues were whether dominant undertaking discriminated trading partners and this discrimination was anticompetitive. In this case, Seoul High Court revoked the KFTC's decision, holding that the undertaking did not harm competition, though it has dominant power in the relevant medical device market. This decision would be a meaningful precedent, not only that there have been small numbers of dominance abuse cases in Korea, but also that this case happened in medical device market. This case dealt with various issues like market definition, market power, alleged abuse and its anticompetitive effect. The court held that medical device markets are distinguished from medical device repairing market. However, the court did not clarify that medical device repairing market is a single branded market only for repairing the plaintiff's medical devices. Second, plaintiff's dominance is based on the lock-in effect, which means that hospitals could not switch devices like CT or MRI from plaintiff to other competitors. This could be supplemented from the fact that medical devices are expensive and the using period are significantly long. However market definition based on single branded market theory could be applied in rare and exceptional cases. Therefore the general application of single branded market theory might result in overestimate of market power. This type of abuse pattern requires improper condition contrary to resonable trade practice. KFTC asserted free charge for plaintiff's copy right. However, it is not clear whether the cases for free charge are general or not. Even if so, the intention and motive of providers for free charge should be proved. The main issue of anticompetitive effect was whether plaintiff raised rival's cost. Competitor's cost was increased due to plaintiff's copy right and its license fee. However the charge for license could be within the scope of fair and legal exercise of copy right. If competitors are excluded due to legal exercise of copy right or efficiency, the exclusionary abuse could not be proved.

• The Korean Journal of Archival Studies
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• no.74
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• pp.45-78
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• 2022

South Africa implemented apartheid from 1948 to 1994. The main content of this policy was to classify races such as whites, Indians, mixed-race people, and blacks, and to limit all social activities, including residence, personal property ownership, and economic activities, depending on the class. All races except white people were discriminated against and suppressed for having different skin colors. South African citizens resisted the government's indiscriminate violence, and public opinion criticizing them expanded beyond the local community to various parts of the world. One of the things that made this possible was photographs detailing the scene of the violence. Foreign journalists who captured popular oppression as well as photographers from South Africa were immersed in recording the lives of those who were marginalized and suffered on an individual level. If they had not been willing to inform the reality and did not actually record it as a photo, many people would not have known the horrors of the situation caused by racial discrimination. Therefore, this paper focuses on Rise and Fall of Apartheid: Photography and the Bureau of Everyday Life, which captures various aspects of apartheid and displays related records, and examines the aspects of racism committed in South Africa described in the photo. The exhibition covers the period from 1948 when apartheid began until 1995, when Nelson Mandela was elected president and the Truth and Reconciliation Commission was launched to correct the wrong view of history. Many of the photos on display were taken by Peter Magubane, Ian Berry, David Goldblatt, and Santu Mofoken, a collection of museums, art galleries and media, including various archives. The photographs on display are primarily the work of photographers. It is both a photographic work and a media that proves South Africa's past since the 1960s, but it has been mainly dealt with in the field of photography and art history rather than from a historical or archival point of view. However, the photos have characteristics as records, and the contextual information contained in them is characterized by being able to look back on history from various perspectives. Therefore, it is very important to expand in the previously studied area to examine the time from various perspectives and interpret it anew. The photographs presented in the exhibition prove and describe events and people that are not included in South Africa's official records. This is significant in that it incorporates socially marginalized people and events into historical gaps through ordinary people's memories and personal records, and is reproduced in various media to strengthen and spread the context of record production.

• Journal of Korea Entertainment Industry Association
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• v.14 no.5
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• pp.87-102
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• 2020

The purpose of this study was to develop regional dance contents in order to receive attention from the region and re-illuminate the peacock fan, the intangible cultural property of Seocheon, Chungnam, which has been preserved in history and has been preserved in the face of rapid urbanization and modernization. The representative four series are composed of one-person dance, two-person dance, military dance, and creative dance. The titles of each piece are basic dance , male and female love dance , military dance , and finally Korean creative dance . The commonality of the four series is the traditional dance using peacock fan, and each dance showed unique emotion and atmosphere through different themes and music, costumes, and stages. It was found that the development of regional dance contents re-created reflecting the characteristics of regional cultural heritage should create an environment that can be steadily revitalized through modernization. Through this study, it was found that the intangible cultural properties, which are our traditional cultural resources, have unlimited potential to contribute to enhancing regional and national competitiveness along with the growth potential of regional differentiation. Through such research, if existing cultural resources are preserved for globalization and produced as contents that can be easily accessed by the public, various contents besides regional dance using regional unique culture can be developed and utilized.

• Korean Journal of Heritage: History & Science
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• v.55 no.2
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• pp.50-64
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• 2022

This thesis is a study on the woodblock of Donguibogam by Jeolla Gamyeong(Wanyoung Woodblock). It was registered as a tangible cultural property in Jeollabuk-do in 2005. The purpose of this article is to determine the current status and value of the Donguibogam Wanyoung Woodblock. Jeonju Hyanggyo's Wanyoung Woodblock was used to print books in Gamyeong, Jeolla Province. Currently, ten kinds of woodblocks are preserved. In 1987, a wooden bookshelf was installed and preserved in "Jangpangak" of Jeonju Hyanggyo. It is now preserved and managed at Chonbuk National University Museum. Among the ten woodblocks, the Wanyoung woodblock of Donguibogam is presumed to be a woodblock of a book printed by Jeolla Gamyeong in 1814. The value of Donguibogam has long been recognized domestically and internationally. Donguibogam, compiled in 1610, was first published in 1613 in the wood type of Gaeju Gapinja. Following its publication, its value was recognized not only in Joseon but also in China and Japan. In 2009, the first edition of Donguibogam was registered as a UNESCO World Heritage. Accordingly, Donguibogam has been recognized for various aspects, but little research has been conducted on the woodblocks that printed Donguibogam. Therefore, this paper analyzes the current status of the Wanyoung woodblock of Donguibogam, aiming to enhance its meaning and value. King Seonjo presented the ideals of public health care and preventive medicine when compiling Donguibogam, which was distributed according to his instructions. For this reason, the first edition of Donguibogam was registered as a UNESCO World Heritage. It can be said that the production of Donguibogam woodblocks was an important tool in realizing Joseon's ideals through national dissemination. Furthermore, the woodblock of Donguibogam represents the spirit of thinking about the people, going beyond the purpose of printing, and it was meaningful in the spread of medical knowledge among the people. In this article, I will examine the overall contents of the Wanyoung woodblock of Donguibogam to enhance its meaning and value. The results show that the Wanyoung woodblock of Donguibogam is meaningful in that it is almost the only one produced and stored by Gamyeong. Moreover, Wanyoung woodblocks are meaningful in that perfect editions could be preserved and disseminated for a long time, unlike other wood-type prints.

• Asia Marketing Journal
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• v.14 no.2
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• pp.177-207
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• 2012

Today's consumers perceive consumption as a representation of themselves. It is not simply an act that fulfills a consumer's physical and practical needs. Even in terms of life quality, consumers increasingly want to achieve an emotional and sensible experience through consumption. Consumers now make decisions based on their need to express their position in relation to other people, pursue emotional satisfaction, and try to improve the quality of life. Culture-art products that meet such internal and external demands of consumers have made significant improvements in both quantity and quality, because of the social interest and policy support. The recognition of personal and social values of culture and arts has brought about interest in and need for culture-art products. Businesses have agilely embraced such change and actively implemented various marketing strategies utilizing culture and arts. For example, businesses began to sponsor artists who produce culture-art products while building facilities for cultural and art performances or exhibitions. Businesses have also provided performances and exhibitions free-of-charge or at affordable prices. As a result, the supply in the market has started to exceed its demand as is often the case in many of other markets. However, such imbalance has occurred not because of over-supply but because of a lack of demand. Given these circumstances, the government and culture and art related organizations, which had mainly concentrated on the supply side, started to recognize the importance of creating personal and social values in culture and arts. As a result, the government and various organizations are now creating various strategies that include policy measures to achieve their new found goal. Unfortunately however, such efforts are not meeting the expectations. Focusing on above-mentioned circumstances and problems, this study aims to find measures to create demand for culture-art products in the internal conditions of those who consume culture-art products. In other words, given that the demand for culture-art products has not increased despite all external conditions to encourage consumption, this study aims to find the reasons in consumers' value judgment on culture-art products. Though there were recent studies on culture-art products that applied consumer behavior on marketing theories, most of them focused on peripheral aspects such as people's motivation for or satisfaction from watching culture-art events. Hence, there is a need to understand what kind of value consumers perceive from culture-art products and how such value cognition leads to consumption in a comprehensive manner. This study acts as follow-up to a separate study entitled "Qualitative Study about Value Cognition and Benefits of Consumer on Culture-Art Products". The current study aims to extend practical implications that enhance the effectiveness of marketing strategies among the producing and policy agencies in the industry. The purpose of this study is to investigate dimensions of value cognition, benefits and attributes of culture-art products, and identify the effects of consumer value cognition on benefits and attributes. The questionnaire was developed based on the conceptual structure of qualitative research and previous researches. It was composed of value cognition, benefits, attributes of culture-art products and demographic variables. This survey was conducted on-line and off-line among a total of 662 persons ranging from their teens to their 50's who were living in Seoul, Gyeonggi-do, various metropolitan cities, and small and medium-sized cities. The data collected was analyzed by factor analysis and path analysis using SPSS WIN 18.0 and AMOS 16.0. This empirical study found that the dimensions of value cognition of culture-art products were categorized into personal goods, aesthetic goods and public property. This shows that the consumers perceive culture-art products as products that are worthy enough to pay the costs not just for personal benefits but also for their social values. Also the formation of value cognition for culture-art products requires special conditions unlike that for physical consumer goods and services, which simply require marketing stimuli. The dimensions of benefits pursued by consuming culture-art products were found to be composed of four types - pursuit of aesthetic benefits, pursuit of actual benefits, pursuit of emotional benefits, and pursuit of conspicuous character. This result implies that people consume culture-art products not just to pursue pleasure from emotional and intelligent satisfaction as well as social relations, but also to seek the needs and benefits embodied at a social level. The dimensions of attributes of culture-art products had seven different factors, - environmental, price, evaluation, people, artwork, composition, and personal relations - which is plentiful. This is because the attributes of culture-art products are very complicated compared to other consumer goods or services. Since culture-art products include not just cultural or artistic works but also all physical, human, environmental, and systemic elements of the products in a comprehensive manner, consumers perceive everything they experience in the process of consuming culture-art products as part of the products. The dimensions of value cognition was found to affect attributes of the products, mostly using pursued benefits as a mediating factors. This result is consistent with the result of qualitative research, and proves that applying the means-end chain theory in the reverse direction is reasonable. The result can be interpreted that consumers' value cognitions for culture-art products turns into actual benefits leading to consumers' decisions. Furthermore, this result reveals that when consumers choose culture-art products, they take into account the attributes of culture-art products depending on the benefits they pursue. These results confirm that despite their conceptual and abstract attributes, culture-art products have values that contribute to actual benefits for individual consumers and society. Hence, value cognition generates benefits to be pursued and this in turn affects the consumers' choices of attributes on products. Based on the conceptual structure of consumers' value cognitions on culture-art products and its dimensions, it is possible to find detailed methods to provide opportunities for education and training to form and reinforce positive value cognition on culture-art products. And through those methods, it will be possible to develop attributes of culture-art products according to the dimensions of pursued benefits, and allow conceptual products become the subject to valuable consumption in real life. These results provide theoretical understanding of consumer behavior in culture marketing and useful information to culture-art producers, companies that use culture and art, and government agencies that use culture-art as a mean to improve the public perception of quality of life. As a follow up on this study, there should be experimental studies that can develop criteria visualizing the demands of consumers who purchase culture-art products and identify their detailed attributes. Studies that compare characteristics of different areas within the culture-art product category and in-depth studies on a specific area or genre will also be needed. In order to develop marketing strategies for culture-art products, studies on the formation and reinforcement of positive value cognition on culture-art products and education for the development of consumer demand as well as on the development and differentiation of attributes of culture-art products depending on types of consumer groups should also follow.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.29-74
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• 2022

As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.