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A Review on the Dominant Undertaking's Abuse in the Medical Device Market (시장지배적 의료기기 사업자의 경쟁제한적 차별행위 - 지멘스 사건을 중심으로 -)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.81-119
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    • 2022
  • Medical device market is strongly related with health care market. Public regulation in medical device market tends to be more lenient than health care market. In this market, competition law, administrative law and intellectual property law are intertwined, and thereby a variety of legal issues could be developed. Recently, dominant undertaking's abuse case was dealt with KFTC(Korea Fair Trade Commission) and Seoul High Court. The issues were whether dominant undertaking discriminated trading partners and this discrimination was anticompetitive. In this case, Seoul High Court revoked the KFTC's decision, holding that the undertaking did not harm competition, though it has dominant power in the relevant medical device market. This decision would be a meaningful precedent, not only that there have been small numbers of dominance abuse cases in Korea, but also that this case happened in medical device market. This case dealt with various issues like market definition, market power, alleged abuse and its anticompetitive effect. The court held that medical device markets are distinguished from medical device repairing market. However, the court did not clarify that medical device repairing market is a single branded market only for repairing the plaintiff's medical devices. Second, plaintiff's dominance is based on the lock-in effect, which means that hospitals could not switch devices like CT or MRI from plaintiff to other competitors. This could be supplemented from the fact that medical devices are expensive and the using period are significantly long. However market definition based on single branded market theory could be applied in rare and exceptional cases. Therefore the general application of single branded market theory might result in overestimate of market power. This type of abuse pattern requires improper condition contrary to resonable trade practice. KFTC asserted free charge for plaintiff's copy right. However, it is not clear whether the cases for free charge are general or not. Even if so, the intention and motive of providers for free charge should be proved. The main issue of anticompetitive effect was whether plaintiff raised rival's cost. Competitor's cost was increased due to plaintiff's copy right and its license fee. However the charge for license could be within the scope of fair and legal exercise of copy right. If competitors are excluded due to legal exercise of copy right or efficiency, the exclusionary abuse could not be proved.

An Analysis of Ginseng Advertisements in 1920-1930s Newspapers During Japanese Colonial Period (일제강점기 중 1920-1930년대 신문에 실린 인삼 광고 분석)

  • Oh, Hoon-Il
    • Journal of Ginseng Culture
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    • v.4
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    • pp.103-127
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    • 2022
  • The influx of modern culture in the early 20th century in Korea led to numerous changes in the country's ginseng industry. With the development of ginseng cultivation technology and commerce, the production and consumption of ginseng increased, and various ginseng products were developed using modern manufacturing technology. Consequently, competition for the sales of these products became fierce. At that time, newspaper advertisements showed detailed trends in the development and sales competition of ginseng products. Before 1920, however, there were few advertisements of ginseng in newspapers. This is thought to be because newspapers had not yet been generalized, and the ginseng industry had not developed that much. Ginseng advertisements started to revitalize in the early 1920s after the launch of the Korean daily newspapers Dong-A Ilbo and Chosun Ilbo. Such advertisements in this period focused on emphasizing the traditional efficacy of Oriental medicine and the mysterious effects of ginseng. There were many advertisements for products that prescribed the combination of ginseng and deer antler, indicating the great popularity of this prescription at the time. Furthermore, advertisements showed many personal experience stories about taking such products. Mail order and telemarketing sales were already widely used in the 1920s . In 1925, there were advertisements that ginseng products were delivered every day. The advertisements revealed that ginseng roots were classified more elaborately than they are now according to size and quality. Ginseng products in the 1920s did not deviate significantly from the scope of traditional Oriental medicine formulations such as liquid medicine, pill, and concentrated extract. In the 1930s, ginseng advertisements became more active. At this time, experts such as university professors and doctors in medicine or in pharmacy appeared in the advertisements. They recommended ginseng products or explained the ingredients and medicinal effects of the products. Even their experimental notes based on scientific research results appeared in the advertisements to enhance the reliability of the ginseng products. In 1931, modern tablet advertisements appeared. Ginseng products supplemented with vitamins and other specific ingredients as well as ginseng thin rice gruel for the sick appeared at this time. In 1938, ginseng advertisements became more popular, and advertisements using talents as models, such as dancer Choi Seunghee or famous movie stars, models appeared. Ginseng advertisements in the 1920s and 1930s clearly show a side of our rapidly changing society at the time.

Using Platforms as Market Creation Strategies for Small and Medium-Sized Service Robotics Companies in South Korea: The ROBOPRINT Case Study (국내 중소 서비스용 로봇 기업의 플랫폼을 이용한 시장 창출 전략: 로보프린트 사례연구)

  • Oh, Soo Jung
    • Korean small business review
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    • v.43 no.2
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    • pp.59-86
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    • 2021
  • The platform concept has been used for business operations in various forms: product platforms, transaction platforms and industry platforms. All these platforms have common characteristics of having 'core' that is reused frequently and 'peripherals' that are less reusable and changed often. Companies use platforms to enable efficient development and creation of product family, transactions and innovation. These platforms provide new opportunities for many small and medium-sized companies (SMEs) by bringing changes to traditional industrial structures focused on the products rather than platforms. The service robotics industry in South Korea is mainly composed of technology-intensive SMEs due to its small market size. Although these SMEs succeed in developing technologies, they have difficulties creating and expanding markets to sell products. Thus, this study addresses the characteristics and problems of the South Korean service robotics industry and analyses how ROBOPRINT, one of the SMEs in the service robotics industry, successfully creates and continuously expands the service robot market by adopting platform concept. The results indicate that ROBOPRINT has been applying two types of platforms: product and transaction platforms. First, ROBOPRINT created art robots that were apartment mural service robots. Rather than selling art robots, the company developed various robots such as painting robots, building exterior wall-cleaning robots by reusing the core technology of the robots. The company also developed various robots according to the buyers request. In addition, the company used the robots to directly provide apartment mural services for customers. This mural service has been extended into various areas, not only in apartments but also in soundproof walls, underground passages, and retaining walls. Besides, ROBOPRINT added new services continuously by developing technologies such as virtual reality. Second, ROBOPRINT mediated mural service buyers and mural designers. This platform reduced buyers' workload, which necessitates requesting mural services to ROBOPRINT and searching for mural designers. For designers, this opened up new opportunities to participate in the mural business. The platform attracted both mural buyers and designers who were scattered before. Finally, ROBOPRINT seeks to expand the platform's scope to outside company. To share internally reused ROBOPRINT's technology with other companies, the company participated in Daegu city's 'New Technology Platform Industry'. Furthermore, ROBOPRINT is trying to share the service platform by leasing robots to other companies. This allows external agents to develop technologies and provide services by reusing resources from ROBOPRINT. This study contributes to existing theories by showing that SMEs continuously create and expand markets by building various platforms. Moreover, it provides useful implications for practitioners by describing the firm's specific platform-building strategy.

The Demands and Awareness of Pediatric Dentists on the Korean National Health Insurance System (국민건강보험에 대한 소아치과 의사들의 요구와 인식 조사 )

  • Yunhyeong, Kim;Yongkwon, Chae;Koeun, Lee;Misun, Kim;Ok Hyung, Nam;Sungchul, Choi;Hyoseol, Lee
    • Journal of the korean academy of Pediatric Dentistry
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    • v.49 no.3
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    • pp.285-299
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    • 2022
  • The aim of this study is to investigate the awareness and perception of pediatric dentists regarding dental health insurance (DHI) system in Korea. Online surveys were sent to the members of the Korean Academy of Pediatric Dentistry (KAPD), and the responses were collected. The survey, consisting of 41 questions, was subdivided into 'general background of the respondents', 'the awareness on national health insurance (NHI) and DHI', 'the awareness on DHI pertaining to pediatric dentistry', 'issues that need improvement on DHI pertaining to pediatric dentistry', 'DHI claims', and 'the roles of KAPD in DHI'. In total, 302 responded, with a response rate of 28.9%. Excluding 2 questionnaires with insufficient answers, a total of 300 survey results were analyzed. According to the analysis, pediatric dentists thought that the coverage of DHI was not as sufficient compared to that of NHI, but were expecting its scope to broaden in the future. The satisfaction rate was higher in pit and fissure sealant and composite resin filling than in caries-detecting quantitative light-induced fluorescence. Pediatric dentists considered permanent tooth composite resin filling (65.7%) needed an increase in insurance copayment, while topical fluoride application (74.7%) to require insurance coverage. DHI claims were generally handled by dental hygienists and/or nursing assistants. Approximately half of the respondents answered that they have had experiences on appealing for insurance denials. Lastly, pediatric dentists generally had a positive attitude towards providing information for the DHI. This study is expected to be used as a sound dataset for the DHI policy development concerning pediatric dentistry.

Effect for Wellness of Blood Flow Restriction Aerobic Exercise Program - Focusing on Mscle Ativity and Mtor Nurons - (혈류제한 유산소운동 프로그램의 웰니스를 위한 효과검정 - 근활성도와 운동신경원을 중심으로 -)

  • Jeong, Dae-Keun;Kang, Jeong-Il;Jang, Jun-Min
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.7
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    • pp.225-233
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    • 2021
  • This study quantitatively compares and analyzes lower extremity muscle activity and motor neurons by performing blood flow-restricting aerobic training in the lower extremities, which is closely related to aerobic capacity for health, in normal people, and provides basic data to suggest the effectiveness of an effective blood-restricting exercise program. would like to provide A group of 10 people who applied aerobic exercise on a treadmill by restricting blood flow to 140 mmHg of pressure was set as Experimental Group I. And 11 people who applied only aerobic exercise on a treadmill were randomly assigned as a control group. The intervention program was implemented on a treadmill for 4 weeks, 3 times a week, once a day, for 30 minutes once. In addition, muscle activity and motor neurons were measured and analyzed using surface electromyography before intervention. As a result of the study, the muscle activity of the rectus femoris, biceps femoris, tibialis anterior and gastrocnemius was significantly increased (p<.001) in the pre-and-poster comparison within the group of experimental group I (p<.001). In the pre-and-poster comparison of the control group, the muscle activity of the rectus femoris, biceps femoris, tibialis anterior and gastrocnemius was significantly increased (p<.001). In comparison of changes between groups, there was a significant difference in the activity of the rectus femoris muscle (p<.05). Combining aerobic exercise in parallel with lower extremity blood flow restriction can be developed into an injury prevention exercise program that can restore functional activity in rehabilitation training for elite athletes and elderly people with weak joints. In addition, based on these results in future research, it is considered that it is necessary to expand the scope of non-normal subjects and conduct various studies according to the pressure intensity.

A Study on the Experience of Photo graphic Activity of the Middle-Class Men in Their 50s: Based on the Perspective of Cultural Capital Theory (50대 중산층 남성들의 사진 활동 이야기 - 문화자본론의 관점에서 -)

  • Lee, Ye Ji
    • Korean Association of Arts Management
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    • no.58
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    • pp.5-47
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    • 2021
  • This paper is a story about five middle-aged men in their 50s who suddenly began their photographic activities as they reached middle age. In the perspective of Borudieu's cultural capital theory, this study observes five men in their 50s by implementing in-depth interviews about the motivation behind taking photographs, the experience of photography activities, and the rewards of these activities. The theory has undergone a theoretical revision with the criticism that factors other than the class can be influential. Based on these ideas, I have proceeded my study by preferentially grasping the notion of the 'field' in accordance with the specific history of Korean society. Therefore, this study sought to more specifically understand the various photographic activities of middle-class men in their 50s by referring Coskuner-Balli and Thompson's argument(2013), which revised 2018's cultural captial theory and proposed the concept of 'subordinate cultural capital' and 'leisure capital' who proposed by Backlund, E. A. & Kuentzel, W. F.(2013). As a middle-class men in their 50s, research participants have grown up and worked in a social atmosphere where economic capital is recognized as an individual's ability. However, they are faced with the value that the knowledge and taste towards culture and arts is one's identity. In addition to the subjective deprivation that arises from this situation, the lifespan characteristic of their age that it is on the brink of the old age appeared to have influenced them to put their psychological motivation immediately into practice. Economic capital was the main conversion terms to move form interest to practice, which includes 'time' as a resource as well as money. With the cultural practices being expanded since their creation of photographs, the reason that these expansions can be maintained more actively lies in their identity as 'cultural artist' that is consolidated in new relationships in the sharing of photographic activities. In this way, photographic activities grant a symbolic status of 'a middle-aged man who actively builds and expresses his identity' through the conversion of accumulating cultural capital and the conversion into social capital. Furthermore, the recognized scope of the symbolic capital acquired by the research participants is in the domain of the private life that is family and acquaintance. Especially, they were gaining a great psychological reward from their children's recognition that they are not just a 'breadwinner' but 'dad who cultivates himself with a culture and arts'. Accordingly, by considering that 'generation' other than class can be a meaningful discussion point when understanding Korea society from the perspective of cultural theory, this study is meaningful that a more flexible understanding of cultural theory can give a glimpse into the possibility of a more specific and diverse approach that will arise in the discussion of culture and arts education.

A Study on the Application of Other Effective Area-based Conservation Measures(OECMs) for Natural Heritage - Focusing on the Old Big Trees of Natural Monument and Dangsan Ritual - (자연유산의 '기타 효과적인 지역기반 보전수단(OECMs)' 등재기준 적용 연구 - 천연기념물 노거수와 당산제를 중심으로 -)

  • Jun, Da-Seul;Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.3
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    • pp.1-9
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    • 2022
  • This study compared and reviewed the recognition determinants by applying the OECMs criteria, focusing on old big trees, plant of natural monument that are natural heritage under the national heritage system of the Cultural Heritage Administration, and the results are as follows. First, among the protected areas designated and managed by government agencies according to each protection purpose, it is necessary to actively introduce new conservation measures, OECMs, to fulfill the Biodiversity strategy for 2030 while the land area is already saturated. Second, the OECMs are geographically defined areas(CBD, 2018), not currently recognized as a protected areas, governed and managed in a way that achieves positived sustained and effective contribution to in situ conservation of biodiversity. Since the selection of term, the scope of application criteria, and the context of interpretation are inevitably different, it is necessary to separately legislate and establish related laws of the OECMs suitable for each country's situation. Third, as a result of reviewing the OECMs criteria for plant of natural monument, the final 58 potential resources were recognized. Important elements among the OECMs criteria are that buffer zones should be spaced apart from designated zones to secure a certain area, and that economic activities through commercial production should not occur and meet biodiversity standards. Among the potential candidates, 23 areas were analyzed to be geographically isolated and independent, such as Forest of Oriental Arborvitae in Do-dong, Daegu, and forest types such as Carstor Aralia of Gungchon-ri, Samcheok and Forest of Common Camellias in Maryang-ri, Seocheon. As a result of reviewing the application of OECMs criteria for plant of natural monument, it was confirmed that the functions as a traditional uses were specialized among the values of biodiversity, and ecosystem services and cultural and spiritual values were inherited through Korea's unique culture of old big trees and Dangsan ritual. In terms of biodiversity criteria, it can be used as an important factor in connecting human and natural ecosystem networks without the discovery of new species.

Development and Validation of the 'Food Safety and Health' Workbook for High School (고등학교 「식품안전과 건강」 워크북 개발 및 타당도 검증)

  • Park, Mi Jeong;Jung, Lan-Hee;Yu, Nan Sook;Choi, Seong-Youn
    • Journal of Korean Home Economics Education Association
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    • v.34 no.1
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    • pp.59-80
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    • 2022
  • The purpose of this study was to develop a workbook that can support the class and evaluation of the subject, 「Food safety and health」 and to verify its validity. The development direction of the workbook was set by analyzing the 「Food safety and health」 curriculum, dietary education materials, and previous studies related to the workbook, and the overall structure was designed by deriving the activity ideas for each area. Based on this, the draft was developed, and the draft went through several rounds of cross-review by the authors and the examination and revision by the Ministry of Food and Drug Safety, before the final edited version was developed. The workbook was finalized with corrections and enhancements based on the advice of 9 experts and 44 home economics teachers. The workbook consists of 4 areas: the 'food selection' area, with 10 learning topics and 36 lessons, the 'food poisoning and food management' area, with 10 learning topics and 36 lessons, the 'cooking' area, with 11 learning topics and 43 lessons, and the 'healthy eating' area, with 11 learning topics and 55 lessons, resulting in a total of 42 learning topics, 170 lessons. The workbook was designed to evenly cultivate practical problem-solving competency, self-reliance capacity, creative thinking capacity, and community capacity. In-depth inquiry-learning is conducted on the content, and the context is structured so that self-diagnosis can be made through evaluation. According to the validity test of the workbook, it was evaluated to be very appropriate for encouraging student-participatory classes and evaluations, and to create a class atmosphere that promotes inquiry by strengthening experiments and practices. In the current situation where the high school credit system is implemented and individual students' learning options are emphasized, the results of this study is expected to help expand the scope of home economics-based elective courses and contribute to realizing student-led classrooms with a focus on inquiry.

Development of Pedagogical Content Knowledge of Novice Secondary Science Teachers through Collaborative Reflection (초임 중등 과학교사들의 협력적 성찰을 통한 수업 전문성 발달)

  • Shin, Minkyoung;Kim, Heui-Baik
    • Journal of The Korean Association For Science Education
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    • v.42 no.1
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    • pp.77-96
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    • 2022
  • This study investigated how collaborative reflection between novice secondary science teachers promoted the development of teaching professionalism. We intentionally selected research participants who shared sufficient rapport. Data were collected by videotaping the classes taught by participants, pre-talk, post-interviews and nine collaborative reflection processes. All data were transcribed and analyzed. Results indicated that all three teachers showed changes in teaching practice. Minyoung's practice involved a teacher-led lecture, but through collaborative reflection, she could create a learning environment to enhance students' power and ownership in her class. Emphasizing academic rigor, Soyoung used to teach content outside the scope of the curriculum, but through collaborative reflection, she became more considerate of students' understanding. Finally, in Jiyeon's classes inquiry activities and theoretical explanations were separated from each other. However, she repeated her efforts to improve her class after collaborative reflection, allowing students to construct explanations through activities. In this study, three factors that promoted the development of teachers' pedagogical content knowledge through collaborative reflection were identified. First, the different teaching orientations of the three teachers who participated in this study, promoted sharing of opinions through collaborative reflection. Second, reflection based on teaching practice enabled practical feedback on the class, which enhanced the development of teachers' pedagogical content knowledge. Third, the equal status and formation of rapport between the three teachers created an environment for productive reflection. These results suggest that future teacher education programs should target communities that can promote collaborative reflection based on teachers' teaching practice.

A Study on the Determination of Major Evaluation Items and the Preparation of Report when Evaluating the Environmental Impact of Development Projects around Ardeidae Breeding Habitats (백로번식지 주변 개발사업의 환경영향평가시 중점평가항목 선정 및 평가방안 연구)

  • Hye-Ryung Lim;Seon-Gu Kim
    • Journal of Environmental Impact Assessment
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    • v.32 no.1
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    • pp.1-14
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    • 2023
  • When carrying out development projects around Ardeidae breeding habitats, we intend to devise a plan for sustainable coexistence by presenting measures to select and reduce key evaluation items so that conflicts can be prevented in advance at the environmental impact assessment stage. The results of the study are as follows. The main evaluation items are animal and plant items for preservation of Ardeidae breeding habitats and odor and noise items that can evaluate the effects of odors and noise in Ardeidae breeding habitats. First, the scope of the survey in animals and plants categories is not limited to legal guardian species, but includes egrets breeding and feeding grounds corresponding to major species breeding grounds and migratory birds, and preservation measures are established according to the reduction of the area of breeding and feeding grounds. Second, in the odor category, the irradiation period includes the period when the odor generation is the highest from the end of June to the end of July. The odor evaluation standard is based on the complex odor discharge standard, which is a concentration regulation, and the odor concentration felt by humans shall be 2 to 5OU/m3 and the frequency shall be 2% or less. Third, in the noise category, the timing of the survey is measured every month from May to August, including when the sound of egrets and young birds is combined to maximize noise generation. Since the noise of Ardeidae, a bird in summer, occurs only for a certain period of time, measures are taken to reduce noise by securing separation distances, securing buffer green areas, and installing construction rather than installing artificial structures such as soundproof walls. In order for existing Ardeidae breeding sites to maintain an appropriate density of populations and not move populations elsewhere, it is necessary to manage nesting tree and maintain stable habitat quantity and quality.