• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• 한국노년학
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• v.37 no.3
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• pp.747-762
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• 2017

Recently, as the number of patients with dementia using nursing homes increases, the interest about the quality of care services is increasing. Job satisfaction of caregivers is very important factor in the quality of care service. In addition, as perception of human rights is heightened, human rights behavior in nursing homes is also recognized as an important factor. The purpose of this study is to investigate the structural relationship between job satisfaction and human rights behavior, job stress, and social support of dementia workers who have significant influence on quality of care service. For this purpose, 210 questionnaires were collected from 300 dementia workers working in the elderly nursing home, day night care center, and domiciliary visit care center in Gyeonggi province. After excluding 13 questionnaires, the questionnaires were analysed by AMOS and SPSS 21.0. The results of the analysis are following. It was found that job stress significantly affects the social support directly (-.276). Also, social support significantly affects job satisfaction (.315). On the other hand, human rights advocacy has a direct effect on job satisfaction (.175) and an indirect effect (.102), showed a total effect of (.277). This shows that social support partially mediates human rights advocacy and job satisfaction. Job stress had a direct effect on job satisfaction(-.217) and an indirect effect(-.095), indicating a total effect of (-.312), and social support partially mediated job stress and job satisfaction Could know. The results of this study suggest that in order to improve the job satisfaction of the dementia workers, it is necessary to increase the human rights advocacy behavior and reduce the job stress in an environment that recognizes the social support.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.21-49
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• 2015

This study primarily concerns the various franchisor's duties provided under the Draft Common Frame of Reference (here-in-after DCFR) in comparison with those under Korean law. It particularly focuses on the followings. First, it scrutinizes the rules on the scope of application in a comparative way, focusing on the following questions; what is the definition of a franchise contract and what are the essential elements of such contract. Second, it investigates in a comparative way the provisons as to the franchisor's contractual duties as follows; 1) a duty to collaborate actively and loyally and coordinate their respective efforts, 2) a duty to provide the franchisee with adequate and timely information before the contract is concluded, 3) a duty to grant the franchisee a right to use the intellectual property rights, 4) a duty to provide the franchisee with the know-how, 5) a duty to render the franchisee with assistance, 6) a duty to ensure the products ordered by the franchisee are supplied, 7) a duty to provide information during the performance, 8) a duty to warn the franchisee decreased supply capacity, 9) a duty to make reasonable efforts to promote and maintain the reputation of the franchise network. Its emphasis is particularly put on the rationals, the contents and the nature of such duties. Third, this study provides legal and practical advice to the contracting parties when they intend to insert either the DCFR or Korean law in their contract as a governing law.

• Convergence Security Journal
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• v.16 no.6_2
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• pp.89-97
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• 2016

Disclosure of personal information to be carried out in one of the Administrative Publicity, Administrative agency as specific information about the person who has violated the obligation imposed by the law is an unspecified number people know is through the direct or Internet media it is to be disclosed in an unspecified number of people. This is, indirect sanctions so as to fulfill its obligations by the addition of psychological pressure that exposes the personal information of the fact that in breach of his obligations to the breach of duty and it has been an unspecified number of people know it is a means. However, publication of these personal information, infringement of the moral rights of the Constitution guarantees an individual, of course, not only a matter of law that the right to self-determination of the personal information, has continued also doubts for the effectiveness of the system. As a result, in this paper, to discuss legal issues with the disclosure of management personal information and its improvement measures, and expected to be able to take advantage of the efficient development of the future of personal information disclosure system.

• The Journal of the Korea Contents Association
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• v.12 no.7
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• pp.156-168
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• 2012

As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.2
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• pp.89-101
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• 2022

Objectives: By comparing and examining how important issues concerning industrial health information for workers are viewed in other advanced countries, it is intended to ascertain problems in the approach found in Korean legislation and obtain legal and policy implications. Methods: The results of a survey were introduced and analyzed through a comparative method for each case after investigating in detail what and how important issues surrounding workers' right to know industrial health information are reflected in the legislation of Germany, the U.S., the U.K., and Japan. Based on the results of this comparative analysis, theoretical and policy implications and legal policy improvement tasks were drawn to strengthen workers' right to industrial health information for each case in Korea. Results: For access to industrial health information, most of the other advanced countries clearly stipulate a right to access for current and past workers and/or their representatives. As a result, workers or their representatives do not need to use the Information Disclosure Act to access exposure records, and there is no debate over the Information Disclosure Act. In other words, industrial health information is focused on ensuring free access to workers or their representatives and is not interested in reporting it to the government. Conclusions: In order to strengthen workers' right to know about industrial health, it is most important to address the legal issues related to this right, which is considered insufficient by comparative law. This should start with a concrete and effective definition of what and how to guarantee workers' rights to industrial health, such as the right to freely access industrial health information, including for retired workers and bereaved families of deceased workers.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.699-720
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• 2016

In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

• Journal of the Korea Computer Graphics Society
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• v.9 no.2
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• pp.1-9
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• 2003

Information assurance(IA) refers to methodologies to protect engineering information by ensuring its availability, confidentiality, integrity, non-repudiation, authentication, access control, etc. In collaborative design, IA techniques are needed to protect intellectual property, establish security privileges and create "need to know" protections on critical features. Aside from 3D watermarking, research on how to provide IA to distributed collaborative engineering teams is largely non-existent. This paper provides a framework for information assurance within collaborative design, based on a technique we call role-based viewing. Such role-based viewing is achieved through integration of multi-resolution geometry and security models. 3D models are geometrically partitioned, and the partitioning is used to create multi-resolution mesh hierarchies. Extracting an appropriately simplified model suitable for access rights for individual designers within a collaborative design environment is driven by an elaborate access control mechanism.

• Journal of Korean Ophthalmic Optics Society
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• v.13 no.4
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• pp.19-24
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• 2008

Purpose: The purpose of this research is to induce domestic eyewear industry to invest in research and development of eyewear manufacturing technology and eyewear design. Methods: Analysis of Industrial Rights using data issued by Korea Intellectual Property Office and search results by 'Kipris' (Korea Intellectual Property Rights Information Service). Results: A number of Industrial Rights Application related to eyewear of eyewear industry has rapidly increased since 1980's. The ratio of Patent and Design Right applications related to eyewear by foreigner has continually decreased, 55%, 32.9% in 1980's, 40%, 22% in 1990's and 27%, 13.9% in 2000's. This shows domestic eyewear industry has developed technology and design on eyewear more and more. But numbers of Design Right applications in 1990's were about 60 in a year and those in 2000's were about 70 in a year. This may explain a few eyewear company have applied for Design Right. Conclusions: It is evident that domestic eyewear industry make an more effort and investment to develop eyewear manufacturing technology and design, but not enough. Actually, we don't know exactly how they develop and how much they invest. Now we need to research problems what they have and environments what they face.

• Journal of the Korean Society for Library and Information Science
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• v.19
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• pp.23-61
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• 1990

Libraries and information centers are no different from any other institutions in our society. Today, their managers have to make many more decisions which have certain legal implications than before. The ignorance of the law on their parts can not be an acceptable excuse anymore, since. the consequences sometimes maybe quite serious. This paper outlines some important legal issues involved in the services and management of libraries and information centers. They are: constitutional rights on human knowledge activities: library act and it's related laws; censorship and right to know; information access and the protection of privacy: library services and copyright law; labor relations; protections of the people and properties of the institutions, etc. The laws are not static: rather, they change with the social, political and technological environments. The managers, as well as the staff members of libraries and information centers should be constantly updated with the changes in the field, in order to give the maximum service to the clients and to prevent any infringement of the laws, which may discredit their services and the institutions.