• Journal of the Korean Society of Costume
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• v.66 no.1
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• pp.28-41
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• 2016

This paper is aimed at intensively examining the scope of legal protection for fashion designs under the Design Protection Act of Korea. For this purpose, this looked into how the Act defines the concept of design, its requirements, and the prerequisites for acquiring design rights. The study also reviewed statutory interpretations over the judgment of the identity and similarity of designs. For more practical and substantial discussions, this research utilized cases and precedents, which had relevant legal principles. This study also figured out how both the requirements for a design definition - such as merchantability, configuration, visibility, and aesthetics - and the prerequisites for acquiring design rights - like industrial applicability, novelty, and creativity - are interpreted and utilized in actual circumstances. The authors expressed their opinions regarding the criteria of judging the identity and similarity of designs, based on a study of previous cases. Previous rulings show that aesthetics of the exterior design is used as the criteria for determining whether a design is same or similar. So, two designs, which have different specific details, are deemed same or similar, if both designs show similarity in the dominant elements. This is because both designs will produce similar aesthetic qualities. However, if the dominant elements of a design are part of the public domain, and the specific details characterize the design, the latter has to be evaluated in the process. This paper examined scope of legal protection for fashion designs using relevant precedents. The study may serve as academic materials that lead to the establishment of rightful ownership in creative activities.

• Journal of the Korean Society of Costume
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• v.64 no.5
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• pp.76-90
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• 2014

The Design Protection Act of Korea classifies industrial designs into examined-based and unexamined-based articles. For design application and registration under the DPA, applicable product for the design needs to be chosen in order for it to be registered. Clothing and personal belongings under class B in the classification list are subject to unexamined-based articles. A sound and logical classification system will lead to higher administrative efficiency as well as assurance of more convenience for the system users. This paper examines the suitability of the design classification for clothing and personal belongings and purposes to suggest improvements.

• Fire Science and Engineering
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• v.25 no.5
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• pp.54-61
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• 2011

The study is to analysis of fire protection regulations for the nuclear power plants (NPP) in the United States, Japan, the UAE (United Arab Emirates), and Korea with the intention of exporting NPP to the UAE. Fire protection regulations for NPP for these countries permit the fire protection design and facilities in accordance with the evaluation of the potential fire hazards. However, in Korea, the NPP is a part of power generation facilities in Korea fire protection law, and the atomic energy act classifies them as the reactor and related nuclear facilities. The fire protection law and atomic energy act are different to the criteria for the fire protection of NPP. To maintain the leading position as a nuclear exporting country, the performance-based fire hazard analysis should be reasonably incorporated in the design of the fire protection system. It was suggested that the integrated requirements of the fire protection for NPP should be incorporated to the construction article for the fire protection facilities specified in paragraph 2 of Act II, being classified into the special objects to be protected against fire, which requires a performance-based design in order to incorporate the specific requirements for NPP.

• Journal of the Korean Society of Costume
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• v.64 no.1
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• pp.123-135
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• 2014

The author has explored whether legal protection of fashion designs is possible under the current Korean Copyright Act with the purpose of promoting the understanding of the legal principles of the copyright law among fashion professionals. It examined the general provisions of the copyright law as well as the requisites for establishment of "works of authorship" and the types of protection stipulated by the copyright law, which are needed to understand the possibilities of legal protection for fashion designs under the law. It then analyzed several leading cases in the fashion designs sector for the interpretation of related legal principles. The Copyright Act defines "works of authorship" for protection as the creative works that express human ideas or emotions. Works to be legally protected under the law include artistic works that are equipped with the prerequisites for establishment of "works of authorship", or fashion designs that are equipped with the prerequisites for establishment of an independent applied artistic works whose originality is distinguishable from articles.

• Fire Science and Engineering
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• v.24 no.4
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• pp.116-122
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• 2010

The fire protection system of nuclear power plants shall be designed, constructed and operated, through a defense-in depth criterion to suppress the leakage of radioactivity to the outside and to allow the safety shutdown function when a fire occurs. In order to achieve these purposes, most of countries abroad operating the nuclear power plants keep up the integrated regulations, however we have two guidelines, the fire protection service act and the nuclear energy act, as mandatory requirements to apply to the fire protection systems in nuclear power plants. It has shown that USA, Canada and Japan which have long experience in operating nuclear power plants have regulations integrated technically for fire protection system of nuclear power plants. It is proposed that the things once verified the risk analysis of the fire hazard by the nuclear law in the design for fire suppression system in plants should be authorized by the fire protection service act as an exception.

• Journal of Labour Economics
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• v.36 no.2
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• pp.67-94
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• 2013

Using data from the Economically Active Population Survey: Supplement by Employment Type, This paper examines the effects of the 2007 Act on the Protection of Fixed-term and Part-time Employees on employment levels. Since the Act is applied to only individuals below 55 years of age, we restrict the analysis sample to men whose ages are close to 55 at the time of the survey. For such a sample, the empirical analysis combines regression discontinuity design with a difference-in-differences. The results suggest that the employment effect of the 2007 Act takes a U-shape. The results suggest that the employment effect of the 2007 Act takes a U-shape. The negative effect of the Act was largest around August 2008, a year after it took effect. The negative effects on employment faded away toward August 2009.

• International Journal of Costume and Fashion
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• v.16 no.1
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• pp.1-16
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• 2016

The purpose of this study was to explore fashion design and merchandising students' perception of creativity and the copyright protection of apparel design. A survey with open-ended questions was developed and distributed to a total of 100 fashion major students with specializations in apparel design and merchandising from three different universities located in a northwestern state of the United States. A majority of respondents showed their awareness that copying apparel design is ethically wrong and counterfeiting is legally wrong. They were able to distinguish between copying and interpreting and were aware that incorporating limited elements from inspirations was ethically acceptable. However, many of the students look for design inspiration from secondary sources, such as existing designers' works which they observe over the Internet, magazines, fashion shows, and store shopping, which may pose them to the temptation to copy such ideas. Although fashion copyright protection law has yet to become enacted, a majority of respondents support passage of fashion copyright protection law. The results give support to the needs for addressing the creative problem-solving processes and ethical decision-making jointly within apparel design and merchandising curriculum.

• Asia-Pacific Journal of Business
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• v.13 no.3
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• pp.227-243
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• 2022

Purpose - This study surveyed real estate financial consumers and financial company staff regarding the components of the financial consumer protection system to seek detailed improvement plans for the Financial Consumer Protection Act. Design/methodology/approach - The Analytic Hierarchy Process (AHP) technique is applied. Findings - Both consumers and staff highly evaluated the importance of the preventive measures in the main classification factors. Regarding the sub-classification factors of preventive measures, consumers emphasized the responsible management of investment staff and financial institutions; however, the staff stressed the principle of effectiveness and efficiency. Regarding the elements of ex-post remedies, consumers answered that fast remedy would have a significant effect. At the same time, staff believed that punitive measures hinder free trading and investment activities. Regarding the sub-sub classification factors of prevention measures, the consumers value responsible management of staff and financial companies, while the staff tend to prefer the importance of the self-regulatory governance. Research implications or Originality - Based on the above results, financial regulatory authorities should find a balance between preventive and ex-post components once focusing on preventative measures. Our paper is one of the first research findings in this field of financial consumer protection system in Korea.

• Design Convergence Study
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• v.15 no.6
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• pp.73-92
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• 2016

As one of empirical research and developments on BIM applications to improve design quality and productivity of building, efforts have been devoted to automated compliance checking of building design for building permit. KBimLogic is a mechanism that translate Korean Buidling Act to the computational language called KBimCode. KBimCode aims to standardized and neutral language that can be applied to various design rules. This paper focuses on testing expandability of KBimCode by appling it on Chinese Building Act. We analyzed Chinese national regulation on fire protection and evacuation, based on 1) Object·property, 2) function for predicate processing, 3) relationship of sentences. As a result, Chinese Building Act were successfully translated to KBimCode with some important implications for further application. Based on the finding of the paper, KBimCode is expected to be applicable to kinds of design rules.

• Fire Science and Engineering
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• v.24 no.1
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• pp.15-23
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• 2010

Placement method for fire detectors prescribed in current fire safety regulation is just about placing a prescribed number of detectors according to the areas. However, this regulation has no scientific basis and standards from foreign countries are just introduced and fire detectors are installed complying with them. There are two standards in designing fire protection systems; Prescriptive-Based Design that follows stipulated regulations like fire safety standards and Performance-Based Design based on engineering knowledge such as fire dynamics, structural dynamics, mechanics of materials, fluid mechanics, and thermo dynamics. Recently, Fire Protection System Construction Business Act was revised so that fire protection systems can be designed using Performance-Based Design method ('05. 8. 4), though the method has not activated until now. In addition, the enforcement decree defines the range for specific objects of fire protection to which Performance-Based Design is applied ('07, 1. 24). At the moment, by manufacturing simulator so that formulas can be introduced and calculated with software in order to install fire detector of automatic fire detection systems keeping optimized distance, comparing the results with the state of fire detector placed according to Performance-Based Design and analyzing them, this study was intended to settle Performance-Based Design method in the future.