• Title/Summary/Keyword: fair in use

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Some Legal Arguments on the Google Book Search and Library Information Digitization (구글 북서치와 도서관 자료 디지털화의 법률문제)

  • Kim, Yun-Myung
    • Journal of Information Management
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    • v.41 no.2
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    • pp.133-159
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    • 2010
  • Books in libraries can be highly refined information. Google invests digitization of books in libraries. But the digitization of books that has a variety of interests, coupled with several problems, including class action, in addition the many critical discussions are underway. Korea pushed the national digitization projects, what are libraries' digitizing their collection of many books. Of course, in publishing and digitization of the target is limited to books published ahead of Google. However, the Library Act was amended for the reposition of online materials, but only in the ways that Google's case is different. Library Act permits collection of online resources through the library to allow, the legislation can be considered as leading act. However, online data is publicly not available through the Internet, so this service hae limited means and range unlike Google. This paper, the digitization of books in the library due to copyright, examines the legal issues looking for the desirable solution. Physical library's main role had been kept the book, but we use the book in terms of policies needed to consider. To overcome these limitations of Copyright Act, this paper researches the relation of Google Book Search in our Copyright Act, and considers introduction as the fair use doctrine and the digital repository system.

The U. S. Antitrust Law on the Exclusion of Medical Staff Privilege and its Implication (참여의 특권 배제에 관한 미국 독점금지법 법리와 그 시사점)

  • Jeong, Jae-Hun
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.295-316
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    • 2011
  • If the medical staff privileges, which mean the eligibility to practice at open hospitals, are excluded in the United States, antitrust claims based on the violation of the Sherman Act have been raised a lot. The proliferation of these lawsuits in the United States, which are characterized as antitrust lawsuits, can be understandable situation. The reason is because doctors who don't belong to specific hospitals are seriously damaged, if the medical staff privileges are excluded and doctors cannot use facilities of open hospitals. In order to decide to allow the privileges of certain doctors, hospitals have to rely on peer review to maintain high quality of medical services, and it is not easy to find alternative of peer review in the professional areas like healthcare. However, there are possibilities that members of the peer review can abuse power to unfairly exclude privileges of potential competitors. In this sense, it is asserted in the U.S. antitrust lawsuits that the restraint of medical staff privilege can be the illegal restraint of trade in violation of section 1 of Sherman Act and can be monopolization or an attempt to monopoly by hospitals in violation of section 2 of Sherman Act. As Korea adopted open hospital system quite recently, there is still no case related with the exclusion of medical staff privileges. However, medical staff privilege system of Korea is not different from that of the United States in principle. Thus, the U.S. jurisprudence on the exclusion of medical staff privileges can be referred in the interpretation of "practice that interferes with or restricts the activities or contents of the business" based on Article 19.1.9 of Monopoly Regulation and Fair Trade Law of Korea.

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Operative Treatment of Medial Epicondylitis: A Comparative Analysis of the Clinical Outcomes between the Suture Anchor Group and the Non-suture Anchor Group

  • Cheon, Sang Jin;Jeon, Woong Ki
    • Clinics in Shoulder and Elbow
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    • v.18 no.4
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    • pp.221-228
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    • 2015
  • Background: The The purpose of this study was to make a comparative analysis of the clinical outcomes after the operative treatment of refractory medial epicondylitis between the suture anchor group and the non-suture anchor group. Methods: We enrolled 20 patients (7 men and 13 women) with recalcitrant medial epicondylitis who were able to receive operative treatment in a minimum of an 18-month follow-up. The mean age was 48.6 years (range, 36-59 years). The patients were allocated into either the suture anchor group (7 patients) or the non-suture anchor group (13 patients). We evaluated clinical outcomes using the visual analog scale (VAS), the pain grading system of Nirschl and Pettrone, and postoperative grip strength. Results: The VAS score decreased from 8.8 to 2.0 for the suture anchor group and from 8.6 to 1.3 for the non-suture anchor group (p=0.16). The postoperative grip strength was 95%, 93% of the non-treated arm in both groups (p=0.32). The postoperative satisfaction level was good in 5 patients and fair in 2 for the suture anchor group and excellent in 5 patients, good, in 4, and fair, in 4 for the non-suture anchor group (p=0.43). The clinical outcomes did not show a statistically significant difference between the two groups. Conclusions: We found that patients with recalcitrant medial epicondylitis were treated reliably with satisfactory clinical outcomes whether or not suture anchors were used. We believe the use of suture anchors when more than 50% of the tendon origin is affected provides an effective and favorable treatment modality.

Fixation with Bioabsorbable Polylactide Plate and Screws for the Treatment of the Ankle Fractures (생체 흡수성 판과 나사못을 이용한 족근 관절 골절의 치료)

  • Kwon, Duck-Joo;Lee, Yong-Beom;Shin, Jun
    • Journal of Korean Foot and Ankle Society
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    • v.13 no.1
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    • pp.80-84
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    • 2009
  • Purpose: The purpose of this article is to assess the efficacy of a bioabsorbable polylactide (PLA) plate and screw for treating injuries of ankle fractures. Materials and Methods: 24 patients who underwent an open reduction and internal fixation operation for ankle fractures from July 2005 to March 2007 were enrolled into the study. There were 15 men and 9 women. The average age of the patients was 44 years and the average follow-up period was 16 years and two months (16.2 months). All cases were divided into low grade fracture patient (11) who belongs in type A and B of Danis-Weber classification and high grade fracture patient (13) who belongs in type C1, C2 of Danis-Weber classification, and each groups were analyzed by clinical (Meyer score) and radiological finding at the time of their last follow-up evaluation. Results: The clinical results according to Meyer scoring system, showed that all patient with low grade fracture had good to excellent result, but only 54% of patient with high grade fracture had good to excellent result. According to Cedell's radiologic finding, there were 91% cases above fair in low grade fracture. But there were 62% of patient above fair result in high grade fracture, the reduction losses were seen in 38% of patient with high grade fracture. Conclusion: Bioabsorbable PLA plate and screw is good internal fixation device which doesn't have additional operation for removal of implant because of slow absorption within the human body. It showed sufficient strength for acquisition and maintenance of reduction in low grade fracture, but need attention to use because of many cases of reduction loss in high grade fracture. So, it seems to be safe and effective when used in heeling of low grade fracture under considering about type of fracture sufficiently.

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Study on nutritional property and use potential of Gochujang using Gongju chestnuts (공주밤을 이용한 고추장의 영양 특성 및 활용 가능성)

  • Kim, Sun-Hyo
    • Journal of Nutrition and Health
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    • v.49 no.5
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    • pp.395-399
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    • 2016
  • Purpose: Gongju is a famous area for chestnuts, which contain various nutrients and phytochemicals. This study aimed to develop gochujang items using Gongju chestnuts and analyze nutritional properties for the best item by sensory evaluation in order to increase marketability of chestnut processed foods. Methods: Gochujang was prepared, and nutrient contents of gochujang were analyzed according to the methods of the food fair by Korea Food Research Institute. Three kinds of gochujang, including general (control)-, dried chestnut powder-, and chestnut syrup- were prepared. Sensory evaluation was performed on three kinds of gochujang by 45 adults, including males and females (20's~60's years of age). Results: Chestnut syrup-gochujang was evaluated as significantly higher than general- or dried chestnut powder-gochujang by sensory evaluation. Thus, nutrition facts were produced for chestnut syrup gochujang. Nutrient contents per 100 g of chestnut syrup gochujang and traditional gochujang in the literature were similar in terms of total carbohydrates and fat, whereas protein content was higher and sodium content was lower in chestnut syrup gochujang than in traditional gochujang in the literature. Conclusions: The results imply that chestnut syrup gochujang has nutritional benefits such as higher content of protein and lower content of sodium than traditional gochujang in the literature, in addition with its good taste. Therefore, chestnut syrup gochujang may have high usage potential. There is a need to improve the quality and storage of chestnut syrup gochujang through future study.

The Arbitrability of the Subject-matter of Punitive Damages (징벌적 손해배상의 중재적격)

  • Kang, Su-Mi
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.3-31
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    • 2011
  • In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. It could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration. It is a matter for debate that disputes containing punitive damages may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. To offer some solution to these issues, it is necessary to inquire into the nature of punitive damages. the policy and function of alimony, the fair apportionment of a loss. Moreover, international relations formed with international transactions should be considered. Punitive damages would be the object of arbitral proceedings as the dipute in private laws. When punitive damages pursue only punishment in the domestic arbitration that there is not foreign factors, arbitral tribunal could not make arbitral award containing punitive damages. However, if punitive damages are admitted under the rules applicable to substance of dispute, and there is the arbitration agreement in which is implied that the parties agree to submit to an arbitral award, arbitral tribunal could make arbitral award containing punitive damages in international arbitration. When it is questionable whether it is offend against our public policy or not, that we accept the effect of arbitral award containing punitive damages, and we admit the enforcement of it, we have to take the nature of punitive damages, the policy and function of alimony, the fair apportionment of a loss and the stability of international transactions into consideration.

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A study on the private autonomies of the disputants in the process of conciliation (민사조정의 활성화와 사적자치)

  • Joo, In
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.613-630
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    • 2004
  • Conciliation is one of the most effective ADR(alternative dispute resolution) which takes the place of civil procedure. It is achieved with disputants' independent will. The disputants negotiate each other, and make peaceful settlement. If a compromise is effected between the two, it regards the compromise as a judgement of the Supreme Court. This effect on the conciliation is afford a basis for the private autonomies. But nowadays, the practical use of the private autonomies is not thoroughgoing enough in our country. It is a matter of no uncommon occurrence for the member of a conciliation commission to form a conclusion about the dispute and to persuade the disputants to accept the conclusion. Even the judges have a tendency to conduct a conciliation like civil procedure. Under these circumstances, it's harsh to the disputants that a compromise in the conciliation has an effect like the judgement of the Supreme Court. So you should reconsider carefully the role or service of a conciliation commission. The role of a conciliation commission must be to guarantee an atmosphere of freedom, and for disputants to negotiate without restraint. So the members of a conciliation commission should make an offer the disputants the information on the members and proceedings of the conciliation. It will make the disputants have a firm belief that the members are fair and conciliation will be progressed in a fair. Moreover they have to notify the disputants of the estimated norms which is concerned in the dispute, too. It will facilitate the negotiation and compromise, and will justify claim preclusion(res judicata) which is based on Korean Civil Conciliation Law(Article 29) says that conciliation has the full force and effect of a civil judgement of the Supreme Court.

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An Efficient and Fair Substream Allocation Method for a Distributed Video Streaming System using Multiple Substreams (다수의 부스트림을 이용한 분산 비디오 스트리밍 시스템을 위한 공정하고 효율적인 부스트림 할당 기법)

  • Park, Jae-Sung
    • The KIPS Transactions:PartC
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    • v.19C no.2
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    • pp.145-148
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    • 2012
  • In a distributed streaming system using an advanced coding scheme that encodes a video into multiple substreams, the capacity of the system depends on the amount of contribution of participating peers. Thus, an incentive mechanism for peers to contribute voluntarily is needed to increase system capacity. In addition, since peers are not only a provider but also a consumer in the system (i.e. prosumer), the overall capacity of the system must be allocated fairly among the peers while it must be allocated in a way that can maximize the net quality of experience of peers to increase system efficiency. In this paper, we propose a substream allocation method to solve the problems taking an optimization approach. Unlike the other optimization approaches, the proposed method is verified quantitatively in a simulation study that it can use the capacity of video streaming system efficiently while allocating fair amount of substreams among peers because it considers explicitly the prosumer characteristics of peers.

Vertical root fracture diagnosis in teeth with metallic posts: Impact of metal artifact reduction and sharpening filters

  • Debora Costa Ruiz;Lucas P. Lopes Rosado;Rocharles Cavalcante Fontenele;Amanda Farias-Gomes;Deborah Queiroz Freitas
    • Imaging Science in Dentistry
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    • v.54 no.2
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    • pp.139-145
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    • 2024
  • Purpose: This study examined the influence of a metal artifact reduction (MAR) tool, sharpening filters, and their combination on the diagnosis of vertical root fracture (VRF) in teeth with metallic posts using cone-beam computed tomography (CBCT). Materials and Methods: Twenty single-rooted human premolars - 9 with VRF and 11 without - were individually placed in a human mandible. A metallic post composed of a cobalt-chromium alloy was inserted into the root canal of each tooth. CBCT scans were then acquired under the following parameters: 8 mA, a 5×5 cm field of view, a voxel size of 0.085 mm, 90 kVp, and with MAR either enabled or disabled. Five oral and maxillofacial radiologists independently evaluated the CBCT exams under each MAR mode and across 3 sharpening filter conditions: no filter, Sharpen 1×, and Sharpen 2×. The diagnostic performance was quantified by the area under the receiver operating characteristic curve (AUC), sensitivity, and specificity. These metrics were compared using 2-way analysis of variance with a significance level of α=5%. Intra- and inter-examiner agreement were assessed using the weighted kappa test. Results: Neither MAR nor the application of sharpening filters significantly impacted AUC or specificity (P>0.05). However, sensitivity increased when MAR was combined with Sharpen 1× and Sharpen 2× (P=0.015). The intra-examiner agreement ranged from fair to substantial (0.34-0.66), while the inter-examiner agreement ranged from fair to moderate (0.27-0.41). Conclusion: MAR in conjunction with sharpening filters improved VRF detection; therefore, their combined use is recommended in cases of suspected VRF.

A Social Responsibility of Landscape Architecture as a Green Infrastructure for Environmental Justice Realization

  • Park, Chung-In;Yeom, Sung-Jin
    • Journal of Environmental Science International
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    • v.26 no.3
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    • pp.281-287
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    • 2017
  • The main task of landscape architecture is to create a higher quality of the environment by utilizing resources or to provide effective stewardship for the preserved environment. These outcomes enhance the correlation between humans and the environment. Landscape architect deals with direct use of market economic goods in private property resources such as capital, land, plant, structure. But it also has indirect use of non-market economic goods in public resources like scenic view from the forest, sea, urbanscape, and refreshing atmosphere. At this point, landscaping products should have a role of public goods, and even these attribute to individuals or certain group. From the results of neo-liberalism regime in modern era such as guarantee of private property, deregulation for free market, and reduction of social welfare, minority has getting less opportunity to enjoy the quality life in ecotop and social welfare. With all future, landscape architecture should have the role of social infrastructure through planning concept that ensures public interests first. The virtuous functions of Green Infrastructure is a proper tool in realizing environmental justice in that it efficiently protects environment, and distributes fair benefits to all people.