• Title/Summary/Keyword: precedents

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Limits of Innovation in Korean Medicine Industry (한의학산업의 혁신 저해요인)

  • Ku, Nam-Pyong;Seol, Sung-Soo
    • Journal of Korea Technology Innovation Society
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    • v.18 no.4
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    • pp.667-692
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    • 2015
  • The study examined the Korean medicine industry from the perspective of the innovation system theory of each business, while it concentrated on the conflict between traditional Korean medicine and Western medicine, which have a major influence on the innovation system of Korean medicine industry, rather than the innovation system itself. The Korean healthcare system is a dual system of Western and Korean medicine, yet the definitions of Western medical practices and Korean medical practices are ambiguous. Thus the distinction of dual system depends on judicial precedents, and the innovation of Korean medicine has been inhibited due to the excessive emphasis placed on the Western medical practice in both healthcare system and pharmaceutical system. First of all, the usage of most medical devices derived from the development of modern medical engineering is not permitted in the Korean medicine industry, on the basis that most of the medical devices were originated from the Western medicine field. Secondly, new drugs using natural substances, once approved by the drug administration, cannot be prescribed by the Korean medicine industry although they are developed based on Korean medicine. Thirdly, the major safety issues on herbal medicine are about hazardous materials in medicinal herbs and liver toxicity of prescribed herbal medicine. The problem of hazardous materials can be solved by appropriate quality and safety tests in the cultivation and importation process. Whereas the Korean medicine circles points out that the liver toxicity issue is only a unilateral condemnation by the Western medicine circles.

Comparison of Medical Technician Organization's Position on the Medical Technician Act and Foreign Cases (의료기사법에 대한 의료기사단체의 입장 및 외국사례 비교)

  • Kim, Jae-Seok;Jeon, Min-Chul;Kim, Seong-Ho;Lee, Won-Jeong
    • Journal of the Korean Society of Radiology
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    • v.15 no.5
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    • pp.761-770
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    • 2021
  • In order to establish an independent relationship between occupations in accordance with the abuse of doctor's orders and employment, the position of each physician and medical technician group, and the education system and laws of Japan, the United States, and England To promote the improvement of public health. The main differences in positions among related interest groups were analyzed, and the proposals and precedents of the National Assembly laws that were initiated after 1963 were analyzed and compared with the laws of developed countries. Among the OECD member countries, 26 countries except Korea have enacted a single law for medical technicians, and the meaning of instructions and supervision differs from country to country. The Medical Technician Act, etc., is inappropriate to apply the current and situation of the times as the laws of the 20th century to represent all the laws of the eight medical technicians. It is thought that a change in the word of direction and supervision under the control of the company is inevitable from a future-oriented horizontal perspective.

A Study of Authors' Moral Rights Infringements Regarding Cinematographic Works and Other Visual Works (음악·영상저작물의 동일성유지권 침해관련 연구)

  • Kang, Sang-Gu
    • The Journal of the Korea Contents Association
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    • v.21 no.6
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    • pp.228-236
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    • 2021
  • This research investigates the causes of infringements related to authors' moral rights which has most conflict among moral rights of authorship, through analysis of judicial precedents and compare whether there subsists any differences in viewpoints between judicial precedent trend and those on behind the scene of broadcast production. Copyright is divided into intellectual property and moral rights of authorship. Right to the integrity of the work is part of moral rights of authorship and produce one content and used in various media. When the edit is needed to fit the organization and advertisement time, advanced consultation from the rightful owner or written consent is needed. However, under the time pressure or ignorance of copyright, the arbitrary edits are made and content is used. This infringes the right of the integrity of the work. When we produce and use cinematographic works and other audiovisual works, there are considerable variablilies stemming from authorship, production cost and program staff. Therefore, prior conscent is needed to acquire and use the copyright in a proper manner. However, due to production-oriented environment and low understanding of the copyright protection, we usually depend on the users' work practices rhather than insufficiency of copyright laws in dealing with the infringement of right to the industry. In conclusion, we need to provide meticulous work manual and to focus on systematic eduction of professional copyright manpower.

Storytelling along Roads as a Development Plan for Cultural Contents in Gangwon-do (강원도 길 스토리텔링과 문화콘텐츠로서의 발전방안)

  • Jo, Jeong-rae
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.172-183
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    • 2021
  • The twenty-first century revealed the era of cultural contents with the growth of digital cultures. Accordingly, popular culture became the primary sector of the cultural industry, and among them, the roads on which people walk emerged as great content for the leisure and tourist industry. Walking has already become a commercial good, as each road's story is unique enough to attract numerous tourists. On roads are the development of history, movement of life, and various cultural channels. The old road development project contributes to the revitalization of the neighborhood and increases its competitiveness as cultural content, as it restores the ecological nature and rediscovers the value of the road from history and its culture. For Gangwon-do's road development project, a storytelling strategy is necessary to succeed as cultural tourism content. Specifically, when forming an image of the old roads, it is advantageous to develop a new story that suits modern people's aesthetic taste and lead communication between locals and tourists rather than borrowing and utilizing the existing facts. For instance, it is helpful to recreate the nostalgic and sentimental mood and combine the imagination based on the consumers' humanistic experiences to create their own participation. This paper demonstrates the historical value of the roads in Gangwon-do, precedents of other leading road development projects in South Korea, and development plans by storytelling for cultural contents in Gangwon-do.

A Study on Precedents about Defamation by Ghost Surgery Disclosure and Its Implication (유령수술 공개에 따른 명예훼손에 관한 판례 고찰 및 시사점 : 서울고등법원 2020. 9. 11. 선고 2019노2201 판결 중심으로)

  • Jeon, Byeong-Joo;Han, Hye-Sook
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.634-644
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    • 2021
  • Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

The Education Model of Liberal Arts to Improve the Artificial Intelligence Literacy Competency of Undergraduate Students (대학생의 AI 리터러시 역량 신장을 위한 교양 교육 모델)

  • Park, Youn-Soo;Yi, Yumi
    • Journal of The Korean Association of Information Education
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    • v.25 no.2
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    • pp.423-436
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    • 2021
  • In the future, artificial intelligence (AI) technology is expected to become a general-purpose technology (GPT), and it is predicted that AI competency will become an essential competency. Several nations around the world are fostering experts in the field of AI to achieve technological proficiency while working to develop the necessary infrastructure and educational environment. In this study, we investigated the status of software education at the liberal arts level at 31 universities in Seoul, along with precedents from domestic and foreign AI education research. Based on this, we concluded that an AI literacy education model is needed to link software education at the liberal arts level with professional AI education. And we classified 20 AI-related lectures released in the KOCW according to the AI literacy competencies required; based on the results of this classification, we propose a model for AI literacy education in the liberal arts for undergraduate students. The proposed AI literacy education model may be considered as AI·SW convergence to experience AI along with literacy in the humanities, deviating from the existing theoretical and computer-science-based approach. We expect that our proposed AI literacy education model can contribute to the proliferation of AI.

Analysis on the Responsibility and Exemption Clause of COLREG Rule 2 (국제해상충돌예방규칙 제2조에 따른 책임과 면책에 관한 분석)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.54-63
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    • 2022
  • The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

Analysis of Photovoltaic Potential of Unused Space to Utilize Abandoned Stone Quarry (폐채석장 부지 활용을 위한 유휴 공간의 태양광 발전 잠재량 분석)

  • Kim, Hanjin;Ku, Jiyoon;Park, Hyeong-Dong
    • Tunnel and Underground Space
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    • v.31 no.6
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    • pp.534-548
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    • 2021
  • In this paper, the feasibility of generating solar power near an abandoned quarry is examined with the objectives of resolving the essential problems that quarries encounter, such as rockfalls and space usage issues. On an abandoned quarry site in Sadang, Seoul, Republic of Korea, two different PV installation methods were analyzed. The first is attaching PV directly on the quarry slope. Since there are no corresponding safety standards and precedents for installing solar panels directly on slopes, the power generation potential was calculated by using topographic data and reasonable assumptions. The surface area of cut slope section was extracted from the Digital Elevation Model(DEM) via ArcGIS and Python programming to calculate the tilt and power capacity of installable panels. The other approach is installing PV as a rockfall barrier, and the power generation potential was analyzed with the assumption that the panel is installed in the direction of facing solar irradiation. For the derivation of power generation, the renewable energy generation analysis program SAM(System Advisor Model) was used for both methods. According to the result, quarries that have terminated resource extraction and remain devastated have the potential to be transformed into renewable energy generation sites.

Application of the Terms and Conditions of English Law Related to the Duty of Utmost Good Faith under Marine Insurance Contract: Korean Supreme Court Decision 2018.10.25, Docket No.2017Da272103

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • v.24 no.6
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    • pp.19-36
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    • 2020
  • Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.