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Article 61bis of the Aviation Business Act and the Legal Principles for the Aviation Consumers Protection - Comparison with the U.S. "Tarmac Delay Rule" - (항공사업법 제61조의2 신설과 항공소비자 보호 법리 -미국의 "Tarmac delay rule"과 비교를 중심으로-)

  • Baek, Kyeong-Won;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.169-195
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    • 2020
  • With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

A Comparison of the Characteristics of Maritally Violent Men in a Community Sample and Batterers in the Criminal Justice System (지역사회의 폭력남편과 가정폭력범죄 행위자들의 특성 비교)

  • Chang, Hee-Suk
    • Korean Journal of Social Welfare
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    • v.58 no.4
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    • pp.141-168
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    • 2006
  • The present study explored and compared the risk factors of two subtypes of maritally violent men with those of a nonviolent comparison group. One type of batterers consisted of a community sample, and the other was sought from the criminal justice system. The identities of the male community batterers were not exposed to the society since their victims did not contact any of the social service agents related to domestic violence. To identify the different characteristics associated with two subtypes of woman abusers, a total of 152 nonviolent men, 82 male community batterers, and 336 offenders in a criminal justice system were considered. The results of the descriptive analysis showed that the level of physical violence of the community batterers was two times lower than that of the batterers who received legal punishments. The results of the multinominal logistic regression were as follows: (1) The variables that distinguished the male community batterers from the nonviolent men were the use of physical violence towards children, marital decision power, and income. (2) Four factors had been found to distinguish batterers in the criminal justice system from nonbatterers, namely: attitudes towards woman battering, education, violence towards children, and level of jealousy. (3) The community batterers showed a higher level of education and of stress as well as a longer period of marital relationship compared to the batterers in the criminal justice system. On the other hand, the batterers who received legal punishments had more severe alcohol problems and had an accepting attitude towards the use of violence. This study also investigated psychopathology among batterers using MCMI-III, based on 333 subjects. In terms of the mean scores, there were no subscales associated with personality pathology in all the male groups. Based on the logit model, the community batterers showed a stronger tendency towards having a passive-aggressive personality than did their counterparts, and they recorded a higher level of narcissism compared to the court-referred battering men. Post-traumatic stress was the only symptom that distinguished the batterers who received legal punishments from the other groups. The theoretical and practical implications of these results were pointed out and discussed in the paper.

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Bundled Discounting of Healthcare Services and Restraint of Competition (의료서비스의 결합판매와 경쟁제한성의 판단 - Cascade Health 사건을 중심으로 -)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.175-209
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    • 2019
  • The bundled discounting which the dominant undertakings engage in is problematic in terms of competition restraint. Bundled discounts generally benefit not only buyers but also sellers. Specifically, bundled discounts usually costs a firm less to sell multiple products. In addition, Bundled discounts always provide some immediate consumer benefit in the form of lower prices. Therefore, competition authorities and courts should not be too quick to condemn bundled discounts and apply the neutral and objective standard in bundled discounting cases. Cascade Health v. Peacehealth decision starts ruling from this prerequisite. This decision pointed out that the dominant undertaking can exclude rivals through bundled discounting without pricing its products below its cost when rivals do not sell as great a number of product lines. So bundled discounting may have the anticompetitive impact by excluding less diversified but more efficient producers. This decision did not adopt Lepage case's standard which does not require the court to consider whether the competitor was at least as efficient of a producer as the bundled discounter. Instead of that, based on cost based approach, this decision said that the exclusionary element can not be satisfied unless the discounts result in prices that are below an appropriate measures of the defendant's costs. By adopting a discount attribution standard, this decision said that the full amount of the discounts should be allocated to the competitive products. As the seller can easily ascertain its own prices and costs of production and calculate whether its discounting practices exclude competitors, not the competitor's costs but the dominant undertaking's costs should be considered in applying discount attribution standard. This case deals with bundled discounting practice of multiple healthcare services by the dominant undertaking in healthcare market. Under the Korean healthcare system and public health insurance system, the price competition primarily exists in non-medical care benefits because public healthcare insurance in Korea is in combination with the compulsory medical care institution system. The cases that Monopoly Regulation and Fair Trade Law deals with, such as cartel and the abuse of monopoly power, also mainly exist in non-medical care benefits. The dominant undertaking's exclusionary bundled discounting in Korean healthcare markets may be practiced in the contracts between the dominant undertaking and private insurance companies with regards to non-medical care benefits.

History of Land Registration and Small House Policies in the New Territories of the Hong Kong Special Administrative Region, the People's Republic of China

  • Fung, Philip Sing-Sang;Lee, Almond Sze-Mun
    • Land and Housing Review
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    • v.5 no.1
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    • pp.53-56
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    • 2014
  • Hong Kong, a well-known metropolis characterized by skyscrapers on both sides of the Victoria Harbour, consists mainly of 3 parts, namely the Hong Kong Island, the Kowloon peninsula and the New Territories (N.T.) which is the land area north of Kowloon plus a number of outlying islands. Located in the N.T. are all the new towns, market towns; and in the plains and valleys lie scattered village houses of not more than 3 storeys within the confines of well-defined village. These village houses are governed by a rural housing policy that could be traced back to the very beginning of the former British administration in the N.T. By the Convention of Peking of 1898, the N.T., comprising the massive land area north of Kowloon up to Shenzhen River and 235 islands, was leased to Britain by China for 99 years from 1st July 1898. Soon after occupation, the colonial government conducted a survey of this uncharted territory from 1899 to 1903, and set up a land court to facilitate all land registration work and to resolve disputed claims. By 1905, the Block Crown Leases with Schedule of Lessees and details of the lots, each with a copy of the lot index plan (Demarcation Plan) were executed. Based on the above, Crown rent rolls were prepared for record and rent collection purposes. All grants of land thereafter are known as New Grant lots. After completion and execution of the Block Crown Lease in 1905, N.T. villagers had to purchase village house lots by means of Restricted Village Auctions; and Building Licences were issued to convert private agricultural land for building purposes but gradually replaced by Land Exchanges (i.e. to surrender agricultural land for the re-grant of building land) from the early 1960's until introduction of the current Small House Policy in October 1972. It was not until the current New Territories Small House Policy came into effect in December 1972 that the Land Authority can make direct grant of government land or approve the conversion of self-owned agricultural land to allow indigenous villagers to build houses within the village environs under concessionary terms. Such houses are currently restricted to 700 square feet in area and three storeys with a maximum height of 27 feet. An indigenous villager is a male descendent of a villager who was the resident of a recognized village already existing in 1898. Each villager is only allowed one concessionary grant in his lifetime. Upon return of Hong Kong to the People's Republic of China on July 1st, 1997, the traditional rights of indigenous villagers are protected under Article 40 of the Basic Law (a mini-constitution of the Hong Kong Special Administrative Region). Also all N.T. leases have been extended for 50 years up to 2047. Owing to the escalating demand and spiral landed property prices in recent years, abuse of the N.T. Small House Policy has been reported in some areas and is a concern in some quarters. The Hong Kong Institute of Land Administration attempts to study the history that leads to the current rural housing policy in the New Territories with particular emphasis on the small house policy, hoping that some light can be shed on the "way forward" for such a controversial policy.

A study on ceremonial costume and Confucianism is Chosun Dynasty - Focusing on Men's Po - (조선시대(朝鮮時代) 유교사상(儒敎思想)과 의예복연구(儀禮服硏究) - 남자(男子) 포(袍)를 중심(中心)으로 -)

  • Lee, Sun-Jae
    • Journal of the Korean Society of Costume
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    • v.16
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    • pp.221-229
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    • 1991
  • This thesis aims at reviewing the wearing aspect and formation of Chosun ceremonial dresses for meal and finding out the thought reflected by them from the standpoint that dresses themselves should be taken as one of the phenomena in culture. That is men's ceremonial costumes and confucian costumes of the royal family and the gentry family in Chosun is reviewed focused on the formation and the wearing aspect of Po, Which is a kind of them. And in the context of the phase of the times. I also considered the thoughts reflected on the clothes such as confucianism, Ying & Yang Theory, and the symbol and the thoughts of patterns in relation to the clothes. Confucian influence was the main force for the Chosun prohibitions for clothes. The major reasons for the prohibitions for clothes were as follows. First, they reflected confucian Chung myoung chooui(the principle that everything should be where it belongs). That is the prohibitions for clothes were used in the means to maintain feudalistic social order. influenced by social rank system. Second, they reflected confucian ethics in the means to recover social disciplines with the maintenance of traditional customs. This shows well in the restriction of luxurious items in dressing included the prohibitions for clothes. Third, they reflected Chosun's toadysm toward China. With the influx of Chinese style of dressing then government even changed the style of uniforms for public officials into that of Chinese resulting in dual styles of dressing. Ying & Yan Theory greatly affected the colors of Korean clothes and reflected toadysm toward China. too. The theory was embodied by prohibition of such colors for clothes as white, gray, and jade green. I reviewed the twelve patterns on Myunpok, Ten-Longivity patterns and Four-Gracious plants patterns in order to analyze the symbolism and thoughts of patterns for clothes. Nansam, Dopo, and Shimui worn by confucian scholars ensures that those clothes bears confucianism and philosopical factors. As shimui was worn by many people it appears in Chosun scholars' studies and a Chinese book called "Yeki". I reviewed the origin, procession, and ornaments of four ceremonial clothes and tried to find out the confucianism in them. First, In Kwanrei (the coming-of-age ceremony) remained ancestor worship and respect for manners. The clothes for this ceremony granted the rights and responsibilities of and adult to the wearer. The royal Kwanreipok had different dresses for each rank. As Samgapok, the crown prince wore Iksunkwan and Konryongpo for the first ritual, Wonryukwan and Kangsapo for the second, and Myunrukwan and Konpok for the third. The rank of the King's grandson was lower than the crown prince's. This example shows that Chosun people respected manners and thought the basic confucianism "God and people are equal." at the Royal court. Second, as Honreipok(wedding gown), the crown prince wore Myunrukwan and Konpok for Daereipok, Wonyukwan and Kangsapo for Napjing and Tongwoo, and Iksunkwan and Konryongpo for Chekbinui. But common people were allowed to wear an official outfit only for wedding in the means of congratulation on the most important day of their life. Wedding gowns which reflected Ying and Yang Theory emphasized the thought that union of a man and a wife is the most important event in life. Third, Sangrei(funeral) was the last ritual of a human being to send off the deceased. The mourning dresses expressed lamentation of the people left behind. Five-Dress-System for each the relative degree of familarity showed the solemnity and formality, which represented the formality of confucianism and ancestor worship. I reviewed the mourning dresses by dividing them into royal, Yangban's, and commons. They were featured by the fact that there was only one style for every walk of life. It is construed that anyone in mourning can wear the same clothes since he feels the same way regardless of his social rank. Fourth, Chereipok(sacrificial rite dresses) had different styles for each social rank. The King wore Myunpok(Kuryumyun and Kujangpok) were recorded to be worn first in the fourth year of King Taecho's ruling. The crown prince wore Palryumyun and Chiljangpok for sacrificial rite dress which was finally settled when King Sejong was in power. Common people wore Dopo, Shimui for the rite dress in the beginning of the Chosun Era and wore Dopo after Japanese invasion of Korea in 1592. In conclusion, confucianism played the main role in ceremonial dress system of Chosun and that was because it emphasized the ethics of action in life, which was different from other religions. It is true that cause-oriented thoughts and Chung myoung chooui in confucianism drove all ceremonies to extreme manners, discriminating the people who belonged to the lower social rank, and resulting in extremly luxurious life style. However, they also created a unique trend and clothes culture in the Chosun Era. I wish that this thesis provieds important information and direction for furthur studies in the future.

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A Study of Effectiveness of Outpatient Treatment Orders and Compliance with Outpatient Treatment (외래치료 명령제의 실효성과 외래 치료 순응도에 관한 연구)

  • Jang, Seung-Ho;Park, In-Hwan;Lee, Sang-Yeol;Roh, Suhee;Seo, Jeong-Seok
    • Korean Journal of Psychosomatic Medicine
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    • v.25 no.1
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    • pp.46-55
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    • 2017
  • Objectives : Outpatient treatment orders refer to a mandatory social program in which mentally ill persons are ordered by the court to participate in specified outpatient treatment programs. This study aimed to investigate the factors that affect outpatient treatment orders and adherence to outpatient treatment in mental health patients. Methods : A survey on outpatient treatment orders and adherence to outpatient treatment was conducted on 60 psychiatrists between October and November 2016. The questionnaire items were drafted based on a literature review, and they were then evaluated by 3 psychiatrists and 1 law school professor before being finalized. Answers from the respondents were analyzed using descriptive statistics, and the median, maximum, and minimum values of the effectiveness scores of outpatient treatment orders were calculated. Results : Among the 60 psychiatrists, 45(75.0%) were aware of outpatient treatment orders; however, only 2 out of the 45(4.0%) had actually used the program in the last 12 months. The subjective effectiveness was very low, with only 40 points out of 100. Furthermore, of the readmitted patients, 37.7% had received continued outpatient treatment, whereas 53.1% chose to quit the outpatient treatment programs, meaning that the number of dropouts was higher. Among the discharged patients, approximately two-thirds were receiving continued treatment. With regard to follow-up for dropouts, majority of the responses were either "Not taking any action"(n=27) or "Not following up"(n=15). Only two respondents answered "Contact the community mental health promotion center," meaning that this response was very rare. Meanwhile, when asked about efficient measures to be implemented for dropouts, a vast majority of the respondents(n=30) selected the answer "Work with the community mental health promotion center." Conclusions : The outpatient treatment orders currently being administered were found to be ineffective, and the associated adherence to outpatient treatment was also found to be extremely poor. Hence, the effectiveness of the therapeutic interventions could benefit from institutional as well as administrative improvements. Community mental health promotion centers are expected to have an important role in the future.

Medicolegal Problems in Pediatric Area (소아과 영역에서 의료분쟁)

  • Kwon, Soo Jeong;Jang, Ji Young;Kim, Nam Su;Yum, Myung Kul;Seol, In Joon;Jung, Ku Won
    • Clinical and Experimental Pediatrics
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    • v.48 no.8
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    • pp.813-819
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    • 2005
  • Purpose : Medicolegal problems start when the patient asserts the mistake of doctor and doctor does not accept it. The purpose of this study is to assess the actual condition of medicolegal problems and to provide solutions of medicolegal problems in the pediatric field. Methods : There is not official statistical data about medicolegal problems in our country. We gathered data of legal insurance program of Korean Medical Association(KMA) and court cases and other fragmentary data. Results : Between 1981 and 1995, of total 2,338 cases reported to legal problem insurance program of KMA, most common ones were 748 cases of obstetrics and gynecology. Pediatric case was ranked at the 5th, 74 cases(3.1%). According to analysis of 41 medicolegal cases' after 1990, maltreatment of patient had the highest incidence of 14 cases, injection and medication were related to 12 cases, misdiagnosis was 9 cases, patient management were related to 4 cases, and others were 2 cases. The trial result of the medicolegal cases was that 31 cases were compensated, and 8 cases were defeated, and 2 cases were still in the process. Conclusion : The aspect of medical legal problem has the tendency of radicalism and systematization. This brings an economic destitution in the patient and gives damage to a doctor. In order to reduce medicolegal problem, doctor should offer a duty of explanation and efforts to his best to satisfy patient and endeavor to make an intimate doctor-patient relationship.

A Study on Avant-Garde Fine Art during the period of Japanese Colonial Rule of Korea, centering on 'Munjang' (a literary magazine) (일제강점기 '전위미술론'의 전통관 연구 - '문장(文章)' 그룹을 중심으로)

  • Park, Ca-Rey
    • The Journal of Art Theory & Practice
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    • no.4
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    • pp.57-76
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    • 2006
  • From the late 1920s to the 1930s, Korea's fine art community focused on traditional viewpoints as their main topic. The traditional viewpoints were discussed mainly by Korean students studying in Japan, especially oil painters. Such discussions on tradition can be divided into two separate halves, namely the pre- and post-Sino-Japanese War (1937) periods. Before the war, the modernists among Korea's fine art community tried to gain a fuller understanding of contemporary Western modern art, namely, expressionism, futurism, surrealism, and so forth, on the basis of Orientalism, and borrow from these schools' in order to create their own works. Furthermore, proponents of Joseon's avant-garde fine arts and artists of the pro-fine art school triggered debate on the traditional viewpoints. After the Sino-Japanese War, these artists continued to embrace Western modern art on the basis of Orientalism. However, since Western modern fine art was regressing into Oriental fine art during this period, Korean artists did not need to research Western modern fine art, but sought to study Joseon's classics and create Joseon's own avant- garde fine art in a movement led by the Munjang group. This research reviews the traditional view espoused by the Munjang group, which represented the avant-garde fine art movement of the post-war period. Advocating Joseon's own current of avant-garde fine art through the Munjang literary magazine, Gil Jin - seop, Kim Yong-jun and others accepted the Japanese fine art community's methodology for the restoration of classicism, but refused Orientalism as an ideology, and attempted to renew their perception of Joseon tradition. The advocation of the restoration of classicism by Gil Jin-seop and Kim Yong-jun appears to be similar to that of the Yasuda Yojuro-style restoration of classicism. However, Gil Jin-seop and Kim Yong-jun did not seek their sources of classicism from the Three-Kingdoms and Unified Silla periods, which Japan had promoted as a symbol of unity among the Joseon people; instead they sought classicism from the Joseon fine art which the Japanese had criticized as a hotbed of decadence. It was the Joseon period that the Munjang group chose as classicism when Japan was upholding Fascism as a contemporary extremism, and when Hangeul (Korean writing system) was banned from schools. The group highly evaluated literature written in the style of women, especially women's writings on the royal court, as represented by Hanjungnok (A Story of Sorrowful Days). In the area of fine art, the group renewed the evaluation of not only literary paintings, but also of the authentic landscape paintings refused by, and the values of the Chusa school criticized as decadent by, the colonial bureaucratic artists, there by making great progress in promoting the traditional viewpoint. Kim Yong-jun embraced a painting philosophy based on the painting techniques of Sasaeng (sketching), because he paid keen attention to the tradition of literary paintings, authentic landscape paintings and genre paintings. The literary painting theory of the 20th century, which was highly developed, could naturally shed both the colonial historical viewpoint which regarded Joseon fine art as heteronomical, and the traditional viewpoint which regarded Joseon fine art as decadent. As such, the Munjang group was able to embrace the Joseon period as the source of classicism amid the prevalent colonial historical viewpoint, presumably as it had accumulated first-hand experience in appreciating curios of paintings and calligraphic works, instead of taking a logical approach. Kim Yong-jun, in his fine art theory, defined artistic forms as the expression of mind, and noted that such an artistic mind could be attained by the appreciation of nature and life. This is because, for the Munjang group, the experience of appreciating nature and life begins with the appreciation of curios of paintings and calligraphic works. Furthermore, for the members of the Munjang group, who were purists who valued artistic style, the concept of individuality presumably was an engine that protected them from falling into the then totalitarian world view represented by the Nishita philosophy. Such a 20th century literary painting theory espoused by the Munjang group concurred with the contemporary traditional viewpoint spearheaded by Oh Se-chang in the 1910s. This theory had a great influence on South and North Korea's fine art theories and circles through the Fine Art College of Seoul National University and Pyongyang Fine Art School in the wake of Korea's liberation. In this sense, the significance of the theory should be re-evaluated.

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Research on the Effectiveness of Protecting Utility Model with China's Patent Evaluation Report (실용신안 권리보호에 대한 중국 특허권평가보고서제도의 유효성 연구)

  • Ho, Hyo-rim
    • Journal of Korea Technology Innovation Society
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    • v.20 no.1
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    • pp.127-152
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    • 2017
  • China's utility model as a supplement to the invention patent, has short application duration, fast authorized speed, and has the same exclusive rights with patents, so companies can quickly dominate the market. But the utility model does not need to carry out substantive examination, so has lower stability, high frequency of invalid to accepted, so compare with the invention patent, difficult to be protected. In order to actively encourage the small and medium-sized enterprises to promote their inventions, and protect domestic patents, China established a protection policy of patent evaluation report for the utility model rights, especially the patent evaluation report can be used as evidence in a patent infringement trial, to provide judicial remedies for utility model patentee and the party of patent disputes. Many experts believe that the establishment of patent evaluation report system can improve the stability of the utility model patent right, and when the defendant request for invalidation of the patent right in the defense period, if there is no novelty, creativity lost or no other reason has not led to the stability of patent right given in a patent evaluation report of the utility model patents, the court may not suspend the trial, without having to wait for the Patent Reexamination Board makes the patent invalid declaration decisions, can improve the efficiency of the judicial process, accelerate the patentee's time. However, in practical patent infringement, the patent evaluation report system and invalidation system are in conflict. In this paper, through the analysis of the current China utility model system and compared with the South Korean utility model system, review the role and character of the patent evaluation report system, and through the actual cases of the utility model patent infringement litigation, analysis possible variates from the decision of patent evaluation report, to find out the reason of the patent evaluation report system being in conflict with the invalidation system, and research on the effectiveness for protecting Utility Model with China's Patent Evaluation Report.

The Legal nature of a contract for supply of a special purpose aircraft -The legitimacy of contract cancellation on the grounds that the performance specification is not satisfied in the purchase specification- (특수 항공기 공급계약의 법적 성질 - 구매규격서상 성능요건 미달을 이유로 한 계약해제의 정당성 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.37-72
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    • 2016
  • In the aerospace field, besides special purpose airplanes, contracts for supply of various types of products such as prototypes, unmanned aerial vehicles and space launch vehicles are increasing. In the case of the contractor, it was planned to spend a large amount of money to supply the production, but if the purchase specification that presents the quality and performance standard of the product is poor or lacks the capacity to judge the performance, consuming enormous amounts of time and money. Even if the undertaker does not have the ability to supply the products with the required performance and quality to achieve the purpose of the contract, he/she must pay the cost of burial due to the incompleteness of the work and the compensation for the cancellation of the contract. In this case, the defendant ordered the plaintiff to supply the aircraft by the Happy Box method, which is capable of ILS Offset flight as specified in the Purchase Specification, but the plaintiff attempted to supply the aircraft by the RNAV method. Although the ILS ground signal can be inspected by the RNAV method, the aircraft manufactured in the manner claimed by the plaintiff does not have the ILS Offset flight function required by the purchase specification, so the defendant can not achieve the purpose required by the purchase specification. It was a question of whether a defendant's cancellation of contract was legitimate. The aircraft, which is the object of this contract, is a subordinate substitute, so the case contract is of undertaking. Therefore, in order to complete the work in this contract, the major structural parts of the aircraft must be manufactured as agreed and have the performance generally required in the social sense. However, the aircraft delivered by the plaintiff has serious defects because the defendant can not achieve the purpose required by the purchase specification due to the lack of the ILS Offset flight function required by the purchase specification. This deficiency is impossible for the plaintiff to repair, so the defendant 's cancellation of the contract is legitimate.