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A Study on Arbitration Qualification of Intellectual Property Right Dispute - Focus on Korea and China - (지적재산권분쟁의 중재적격에 관한 연구 -한국과 중국을 중심으로-)

  • Choi, Song-Za
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.27-46
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    • 2011
  • In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

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A narrative research on the job and the job-related learning of a mechanical engineer - an exemplary study on the characteristic of job-related learning of engineer in work place and it's implication on engineering education (기계설계분야 중견 엔지니어의 일과 학습에 관한 내러티브 연구 - 엔지니어의 직무관련 학습의 맥락과 공학교육에 대한 시사점 찾기)

  • Lim, Se-Yung
    • 대한공업교육학회지
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    • v.38 no.2
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    • pp.1-26
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    • 2013
  • This study inquired following research questions by a narrative research method : What was the job of an engineer in mechanical design field? How did he fulfill his job-related learning in his workplace? What were the context and the characteristic of the job-related learning in the workplace? And some implications of the job-related learning on engineering education were discussed. We identified that the research participant's career as a mechanical engineer has developed through three stages. At first, he engaged on conceptual design of a semi-conductor test machine through self-initiated learning from basic to whole system of the machine. At second stage, he leaded a design group for the concrete design of a ball type semi-conductor test machine. In this stage he learned the meaning of cooperation and cooperative learning. At third stage, he initiated to found an entrepreneur company that was specified to design a semi-conductor test machine. He became CEO of the company. He learned the R & D policy making through contacts with global company, visiting exhibition in abroad. Eventually his main task as a mechanical engineer was the problem solving in the process of machine design. He had experienced and learned through his works : project management, independent fulfilling of tasks, functional analysis and reverse engineering, conceptualizing and test, cohesive cooperation, dialogue and discussion, mediation of conflict, human relationship, leadership. The implication of the narrative analysis on engineering education is, proposed, to give the students more chances to experience and to learn such activities.

Application of professor·learning model customized for flipped learning for enhancing basic ability of work - Focused on freshman students in radiology department of specialized colleges (직업기초능력함양을 위한 맞춤식 플립드 러닝 교수·학습모형 적용-전문대학 방사선과 1학년 재학생을 중심으로)

  • Park, Jeongkyu
    • Journal of the Korean Society of Radiology
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    • v.12 no.2
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    • pp.225-231
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    • 2018
  • Recently, new teaching methods for communicating with teachers and students have been emerged according to the trends of decreasing the school-age population and the development of the mass media. We have applied teaching-learning model based on the flip learning to the college students in this work. As a result of the test for the customized flipped learning teaching-learning model in pre-class, the attendance rate of the major subject was 92.3% whereas that in liberal arts courses other than majors revealed 87.6%. This result for attendance rate shows that first year students in the radiology department have been actively participated in pre-class of the major subject than that of the liberal arts curriculum. From comparing the differences between the study group that was applied flipped learning in class and the non-applied group, the research group showed higher scores in knowledge, skills, and attitudes than the comparative group. In addition, more than 90% of the learners improved their responsibility, problem solving ability, creative thinking, cooperative ability, and communication ability through this learning program. From the test for the difference in the role of radiologists in the post class, the mean score was 4.40 for the group applied the teaching-learning model while that for non-applied group was 2.10. Hence, from such results, we see that this teaching-learning model is appropriate and needs to be extended to cultivate basic skills in radiology and relevant vocational education.

An Exploration of the Direction of Development of the Integrated Curriculum for Gifted: The Applicability of the Drake Model (영재를 위한 통합교육과정 개발의 방향: Drake 모형의 적용 가능성 탐색)

  • Lee, Kyungjin;Roh, IlSoon
    • Journal of Gifted/Talented Education
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    • v.24 no.2
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    • pp.217-241
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    • 2014
  • This study aimed to explore the direction and possibility of development of the integrated curriculum for the Gifted students in the discipline-centered curriculum perspective. To this end, the study analysed the Ontario interdisciplinary curriculum based on a Drake's Integration Model which is typical model of the discipline-centered curriculum and explored the applicability to Science Gifted Academy in Korea. Through showing the possibility of enrichment on the selected majors, integration with other disciplines and solving the future problems by the integrated curriculum centered on 'Big Idea', the Ontario interdisciplinary curriculum gave suggestions of curriculum integration within or through individual research and integrated curriculum for the Gifted. The application of the Ontario's "Introduction to Information studies" to "Information Science" in Science Gifted Academy in Korea could be obtained the conclusion that the Drake's Integration model is applied to the Gifted by the individualization of the navigation network, KDB(Knowledge-Do-Be) umbrella, and the final interdisciplinary task. From this result, we could suggest that the development of integrated curriculum for the Gifted should be considered the clarity of learning objectives for the Gifted, the plan of evaluation to demonstrate big understanding and big idea, the integration with other disciplines or real-world problem, as well as the need of teachers council for the integrated curriculum. This study is expected to be contribute to development of the integrated curriculum model for the gifted based on the their characteristics and to be utilized in Science Gifted Academy.

Effect of cooperative learning on learning strategies, academic self-efficacy and class satisfaction among dental hygiene students (협동학습이 치위생학생의 학습전략, 학업적 자기효능감 및 수업만족도에 미치는 효과)

  • Park, In-Suk;Song, Gui-Sook
    • Journal of Korean society of Dental Hygiene
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    • v.12 no.1
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    • pp.93-101
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    • 2012
  • Objectives : The purpose of this study was to examine the educational effect of cooperative learning, which enables learners to make portfolio by taking advantage of their knowledge and skills acquired through practice, on an oral prophylaxis practice course in an attempt to stir up the spontaneous learning of learners, their learning interest and problem-solving skills. Methods : The selected dental hygiene students engaged in cooperative learning in oral prophylaxis practice III class in the second semester of their sophomore year by utilizing portfolio that was prepared by altering an inclusive dental hygiene practice model. They completed all the 15-week practice course, and then their portfolio was evaluated. They were divided into eight nonequivalent groups whose members were all different in academic standing, and their learning strategies and academic self-efficacy were checked before and after the instruction was provided. And their satisfaction with the class was investigated after the instruction was provided. Results : 1. There were significant gaps to $0.36{\pm}0.07$ in the charge of learning strategies after they engaged in cooperative learning(p<0.01). There were the broadest differences in cognitive strategies to 3.61, followed by metacognitive strategies to 3.19, and significant differences were found in all the subfactors(p<0.01). 2. There were significant gaps in the charge of self-efficancy to $0.13{\pm}0.06$ after they engaged in cooperative learning(p<0.01). There were the widest differences in self-regulating efficancy to 3.49, followed by confidence to 3.03 and task difficulty preference to 2.97, and significant differences were found in all the subfactors(p<0.01). 3. When their satisfaction level was analyzed after engaging in cooperative learning, there were significant gaps to 3.94 in the satisfaction level with all of the lectures(p<0.01). There were significant gaps in the satisfaction level with lecture to 4.20, with ensuring academic achievement to 4.13 and with cooperative learning to 3.48 (p<0.01). Conclusions : The above-mentioned findings indicated that cooperative learning had a positive impact on the learning strategies, academic self-efficacy and class satisfaction of the learners, and this study is expected to lay the foundation for the development of new teaching methods for dental hygiene.

A Study on the Policy of New Government Science and Technology and the R&D Policy of Government Departments Related to Geoscience and Mineral Resources (신정부 과학기술 및 지질자원 관련 정부부처 R&D정책 분석)

  • Ahn, Eun-Young;Bae, Jun-Hee;Lee, Ok-Sun;Lee, Jae-Wook
    • Economic and Environmental Geology
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    • v.51 no.3
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    • pp.279-289
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    • 2018
  • With the launch of the new government in 2017, National Planning and Advisory Committee (NPAC) announced the five-year plan for the government administration and the 100 national tasks. The Ministry of Science and ICT (Information & Communication Technology) (MSIT) and other government agencies issued work plans for 2018, including R&D plans. Analyzing the changes in government policy will be a major task of public research and development institutions. This study analyzed the changes of the R&D policy of the new government and the R&D policy direction and strategic plan of the government departments related to the geoscience and mineral resources in 2018. The results of the analysis are as follows: 1) to lead the innovation growth through the 4th industrial revolution, 2) to supply clean energy and to cope with climate change in the environment and energy field, 3) to improve the quality of life through problem solving in the life of the people and disaster prevention. Considering the investment direction of the government, it is necessary to lead the geoscience and mineral resources R&D to solve problems of the society and to grow by the science and technology.

The Development of the Compensational Thinking Through the Compensation activities of 'Thinking Science' Program ('생각하는 과학' 프로그램의 보상 논리 활동에 의한 보상적 사고 수준 변화)

  • Kim, sun-Ja;Lee, Sang-Kwon;Park, Jong-Yoon;Kang, Seong-Joo;Choi, Byung-Soon
    • Journal of The Korean Association For Science Education
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    • v.22 no.3
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    • pp.604-616
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    • 2002
  • The purpose of this study was to analyze the development of the compensational thinking by the compensation activities of 'Thinking Science' program. The 138 students were sampled in elementary schools and were divided into two groups, the experimental group of 74 students and the control group of 64 students. Both the compensation activities of the 'Thinking Science' program and a regular science curriculum were implemented to the experimental group, while only a regular science curriculum to the control group. Both experimental and control group were pre-tested with Science Reasoning Task II and compensational thinking test I and were post-tested with compensational thinking test II. This study revealed that the types of strategies used in compensation problem solving were categorized as illogical explanation, rule automation, proportionality, explanation in qualitative terms, additive quantification, inverse proportionality and were related to the context of the items. It was found that compensation activities of the 'Thinking Science' program were effective on the development of the compensational thinking.

A Study on Writing Process Components and Writing Strategies in Argumentative Writing (주장하는 글쓰기에서 나타나는 글쓰기 과정 요소 및 글쓰기 전략 연구)

  • Kang, Sukjin;Jo, Junmo;Noh, Taehee
    • Journal of The Korean Association For Science Education
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    • v.33 no.7
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    • pp.1418-1430
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    • 2013
  • In this study, we investigated the writing process components and the writing strategies that appeared in the process of argumentative writing through students' think-alouds and semi-structured interviews. The subjects were 18 eighth graders. During argumentative writing, students were asked to decide whether they agreed with the given argument or not on the basis of information provided in the writing task. We categorized the writing process components and the writing strategies by analyzing the protocols of students' think-alouds and interviews, and evaluated the level of their written compositions. The analyses of the results indicated that the writing process components of argumentative writing showed different characteristics from those of problem solving writing in several components such as setting goals, organizing an outline, and evaluating content. In addition, the writing process component 'coordinating information' was newly discovered in argumentative writing. The writing strategies were categorized into four groups by the types of decision making (reflective/intuitive) and the existence of outline organization: Reflective decision making and outline organization, reflective decision making and no outline organization, intuitive decision making and outline organization, and intuitive decision making and no outline organization. Students with the reflective decision making and outline organization strategy were found to get the highest scores in written composition in terms of the relationship between the argument and its grounds, the rebuttal of the opposing argument, and the structure of the writing. Educational implications are discussed.

Needs Analysis Case Using Key Competencies of National Competency Standards (국가직무능력표준(NCS) 직업기초능력 기반의 직군별 요구역량 : 국내 대기업 A사를 중심으로)

  • Yoon, Duk-Won;Woo, Hye-Jung;Ghang, Bong-Jun;Kim, Yoon-Ho
    • The Journal of the Korea Contents Association
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    • v.16 no.12
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    • pp.383-398
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    • 2016
  • The objective of this research is to depict examples of how a company could derive the skillset areas with the highest priority when analyzing the skill set requirements of human resources, based on the skillset requirements that are unique to each work site. For this purpose, a survey was conducted for each of the job categories for new employee in A company. The analysis results showed that in 32 out of the 34 areas, the gaps between the current levels and the expected levels were statistically significant. For employees of company A, the following 7 areas were determined to be the key job competencies with the highest priority: document creation skills, diagram creation skills, thinking skills, problem solving skills, time management skills, technology comprehension ability, and task comprehension skills. The required job competencies with the highest priority were found to be different for each job category. As a result of this research, the priority rankings of skillset requirements for each job category in company A could be determined, along with the implications for HRD/HRM and other companies.

The Effects of Family Rituals on Family Strengths (가족의례가 가족건강성에 미치는 영향)

  • Bae, Jae-Hyun
    • The Journal of the Korea Contents Association
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    • v.16 no.12
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    • pp.622-635
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    • 2016
  • The purpose of this study is first to examine the tendency in what kind of activities and difficulties are carried out as family rituals. Second, the study was to investigate the effects of family rituals on family strengths. To accomplish study purpose, 216 married women/men were asked to fill out the survey questionnaires. For analysis of data, SPSS Win program was used to perform Frequency Analysis, MANOVA, Multiple Regression Analysis. (1)In the dinner rituals, it turned out that a main activity was 'serving homemade food' and a majority of subjects had a difficult time establishing a regular ritual due to 'their busy schedule at work'. In the weekend leisure rituals, a main activity was 'paying a visit to suburbs' and a main difficulty was 'lack of mutually available time for all family members'. In the birthday rituals, a main activity was 'preparing a birthday cake' and a main difficulty was 'because family members forget their birthday'. In the wedding anniversary rituals, women's main activity was 'eating out' and men's main activity was 'give a partner to a flower or gift', and a main difficulty was 'because family members forget their birthday' and 'because it was not a wanted celebration'. Finally, in the traditional rituals, women's main difficulty was 'partner doesn't understand my difficulties' and men's main difficulty was 'trouble human relationships with relatives'. (2)The family rituals were significantly different according to the age. (3)'Closeness of family members', 'task performance and problem solving skills' and 'sharing a value system of family members' were affected by the family rituals.