• Journal of Legislation Research
• /
• no.54
• /
• pp.303-343
• /
• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• Strategy21
• /
• s.30
• /
• pp.263-285
• /
• 2012

History, demonstrating convincingly that pirates have arisen continuously for a lengthy period of time throughout the world, is able to become a cooperative study of international law in terms of pirates matters ; Viking pirates. There are beneficial topics for the study of true nature of viking activities and the settlement of present pirates matters ; How were the pirates activities of Vikings, What sort of relations do they have between Vikings and other pirates which have arisen in world history, What are the differences compared to present concept of pirates. There were active pirates activities in the coast and waters of Scandinavia even before the period of the Migration Age because of geographical condition. With those experiences, Vikings began to ambush Britain Islands sailing across the North Sea since the late 8C, ages of migration in earnest. They ambushed all coasts of the European Continent expending boundary until the late of 11C. Pirate activities in a sort of guerrilla operations were operated when they encountered Islams in the Iberian Peninsula and the coast of North Africa. They showed twofold attitudes ; if the defence of the region and sea was weak, they plundered, or if strong, traded. In plundered europeans' position, Vikings were pirates with cruelty and barbarians. In vikings position, they were normal human beings who did a pirate activity to lead a better life. Viking pirates showed different characteristics in terms of three aspects ; area and aspect of action, activity after piracy. Meanwhile, Viking pirates showed several differences with pirates defined in terms of modern international law. Among the satisfying conditions of pirates, required by the international law of the sea, Vikings fulfilled animus furandi, desire for gain, activities for hatred and revenge, and private ends. Other conditions including attacking authority of the vessels, activities toward private ships, activities in the coast and the land, and illegal terroristic activities toward ships are found in viking pirates. However, Viking pirates do not show the activities in high seas and in the outside of a State's jurisdiction. In addition, it cannot be excluded that they pirated with vessels of regional leaders and the Sovereign, not private ships. Contrary to the definition of concept in terms of modern international law toward pirates, Viking invaded foreign waters, came on shore to foreign land and island, went up-stream the rivers to the back of interior, and attacked churches and abbeys. Strangely, they sometimes settled down in the places where they had pirated. Today, pirates appearing in history and defined in international law exist simultaneously and separately. It means, the historical nature and the nature under the international law are turning up differently. Historical cases of pirates should be reflected to modern international law. If so, it seems that the clue to solve pirate problems can be arranged. History is the immortal living thing, which not just existed as a past but reflects present.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
• /
• v.38 no.6
• /
• pp.599-610
• /
• 2020

The AED (Automated External Defibrillator) is not evaluated for spatial accuracy and temporal availability even if it is located within a building or a specific area that needed necessary to partition by spatial analysis and location allocation analysis. As a result of the analysis, the spatial analysis was performed using the existing public data of AED with applied the GIS location analysis method. A public institution (119 safety center, police box) was selected as a candidate for a public AED base that can operate 24 hours a day, 365 days a year according to the characteristics of each residential area. In addition, Thiessen Polygons were created for each candidate site and divided by regions. In the analysis of the service was analyzed regional in terms of accessibility to emergency medical services in consideration of the characteristics of AED, that emergency vehicles could arrive within 4 minutes of the time required for emergency medical treatment in most areas of the study area, but it did not areas outside of the city center. As a result, It was found that the operation of the AED base service center centered on vehicles of public institutions is effective for responding to AED patients at night and weekend hours. 19 Safety Center under and police box the jurisdiction of Daegu City to establish an AED service center for public institutions, location-based distance, attribute analysis, and minimization of overlapping areas that the method of using a vehicle appeared more efficient than using the existing walking type AED.

• Development and Reproduction
• /
• v.15 no.4
• /
• pp.325-329
• /
• 2011

The main objective of this study is to investigate the distribution of coat color among Ulleung Korean Native Brindle Cattle, and to identify basic genetic elements required for the fixation of coat color traits. 1. The distribution of coat color among Ulleung Korean Native Brindle Cattle was 24.3% yellow (67/276),13.0% black (36/276), 62.7% brindle (173/276). The frequency of Brindle coat color was slightly higher (66%, 105/159) among embryo transfer from outside than that of cows produced by embryo transfer from jurisdiction. 2. Investigation of coat color distribution in each sex group showed that the frequency of yellow coat color was lower in males (18.1%, 25/138) than in females (31.4%, 43/137). On the other hand, the frequency of brindle coat color was slightly higher among males (68.1%, 94/138) than in females (56.9%, 78/137). 3. Examination of Brindle coat color expression based on the intensity of black dots on the nose indicated that the expression of black coat color increase in proportion to the intensity of black dots.

• Journal of Digital Convergence
• /
• v.13 no.10
• /
• pp.425-436
• /
• 2015

This study is to investigate how the expenditures for hypertension is affected by socioeconomic, health care resources, and health behavior factors with a special emphasis on geographic variations and to provide the data about regional management for hypertension. To analyze, we combined a unique data set including key indicators from Medical Service Usage Statistics 2012 by Region by National Health Insurance Corporation, Annual Community Health Survey 2012 by Korea Centers for Disease Control and Prevention and other government organizations at the 247 small administrative districts. We found that the average expenditures of hypertension in 249 small districts is 62,000 won and coefficient of variation is 30.0. Major factors of differences in hypertension expenditure is population density, marital status, household income, number of hospital per 100 thousand, medical expenses outside the jurisdiction, drinking rate, moderate and over-intensity physical activity, and hypertension diagnosis rate. The results of decision tree was that there were significant differences between regions in hypertension diagnosis rate, household income, marital status, number of hospital per 100 thousand, obesity rate, drinking rate. This study concluded that determinants of geographic variations in hypertension spending are not only health resources and socioepidemic characteristics but health behaviors.

• The Korean Journal of Air & Space Law and Policy
• /
• v.32 no.1
• /
• pp.287-325
• /
• 2017

Considering the development of aerospace, military science and technology since the 20th century, the sky is very important for the nation's existence and prosperity. The proverb "Whosoever commands the space commands the world itself!" emphasizes the need for the command of the air. This essay is the first study on the status of airspace after reunification. First, the territorial airspace is over the territory and territorial sea, and its horizontal extent is determined by the territorial boundary lines. Acceptance of the present order is most reasonable, rather than attempting to reconfigure through historical truths about border issues, and it could be supported by neighboring countries in the reunification period. For peace in Northeast Asia, the reunified Korea needs to respect the existing border agreement between North Korea and China or Russia. However, the North Korean straight baselines established in the East Sea and the Yellow Sea should be discarded because they are not available under United Nations Convention on the Law of the Sea. It is desirable for the reunified Korea to redefine the straight baselines that comply with international law and determine the territorial waters up to and including the 12-nautical mile outside it. Second, the Flight Information Region (hereinafter "FIR") is a region defined by the International Civil Aviation Organization (hereinafter "ICAO") in order to provide information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft. At present, Korea is divided into Incheon FIR which is under the jurisdiction of South Korea and Pyongyang FIR which is under the jurisdiction of North Korea. If North Korea can not temporarily exercise control of Pyongyang FIR due to a sudden change of circumstances, it is desirable for South Korea to exercise control of Pyongyang FIR, and if it is unavoidable, ICAO should temporarily exercise it. In reunified Korea, it is desirable to abolish Pyongyang FIR and integrate it into Incheon FIR with the approval of ICAO, considering systematic management and control of FIR, establishment of route, and efficiency of management. Third, the Air Defense Identification Zone (hereinafter "ADIZ") is a zone that requires easy identification, positioning, and control of aircraft for national security purposes, and is set up unilaterally by the country concerned. The US unilaterally established the Korea Air Defense Identification Area (KADIZ) by the Declaration of Commitment on March 22, 1951. The Ministry of Defense proclaimed a new KADIZ which extended to the area including IEODO on December 13, 2013. At present, North Korea's military warning zone is set only at maritime boundaries such as the East Sea and the Yellow Sea. But in view of its lack of function as ADIZ in relations with China and Russia, the reunified Korea has no obligation to succeed it. Since the depth of the Korean peninsula is short, it is necessary to set ADIZ boundary on the outskirts of the territorial airspace to achieve the original purpose of ADIZ. Therefore, KADIZ of the reunified Korea should be newly established by the boundary line that coincides with the Incheon FIR of the reunified Korea. However, if there is no buffer zone overlapping with or adjacent to the ADIZs of neighboring countries, military tensions may rise. Therefore, through bilateral negotiations for peace in Northeast Asia, a buffer zone is established between adjacent ADIZs.

• Korean Security Journal
• /
• no.13
• /
• pp.423-449
• /
• 2007

This research is to investigate the detention facilities of police stations and their real operations through the perceptions of detainees at police station cells and to present the policy suggestions for them. To fulfill the research, a questionnaire was made out on the basis of 'the Regulation on Detention and Escort for Suspects'. 'the Regulation on a Standard Plan for Detention Facilities' and 'the Regulation on the Lowest Standard to Treat Detainees' ; and detainees at 23 police station cells under the jurisdiction of Kyungbuk Local Police Agency were asked to answer it. Policy suggestions following from the result of the investigation of detainees' perceptions of the detention facilities of the police stations are as follows; Firstly, the structure of police station cells should be arranged in straight lines in order to take their human rights into consideration and more detention facilities are needed to be built in order to separate male, female, handicapped and juvenile inmates. Secondly, shower rooms and washrooms outside the cells should always be open to detainees whenever they need to be used. Thirdly, any detention facilities deficient in fire fighting equipment should have exit doors installed as soon as possible in case of an emergency and provide sufficient fire extinguishers considering the number of detainees and the size of the facilities. Fourthly, the detention facilities should have sufficient windows for ventilation and take necessary measures to obtain natural lighting instead of electric lighting. Fifthly, air conditioners should be equipped properly taking account of the number of detainees and the dimensions of the facilities. Policy suggestions according to the result of the investigation of detainees' perceptions of the operation of detention facilities of police stations are as follows; Firstly, the problem of operating the detention facilities must deal with worn-out facilities and measures to secure the budget should be taken as soon as possible. Secondly, considering that most detained suspects have difficulties in livelihood, daily necessaries must be issued to them. Thirdly, personal belongings deposited by inmates must be properly managed with the same documentation throughout the police station detention facilities. The number of female guards to take exclusive charge of the physical checkups and processing of female detainees should be increased. Also the facilities for handicapped detainees must be expanded, improved and managed properly. Fourthly, except for handcuffs and ropes to bind detainees in the detention facilities, helmets to prevent self-harm must be withdrawn. The budget to improve the quality of meal issued by the government must be urgently secured and the price of private food sent to detainees must be readjusted to be in line with the consumer price. Health and medical care and sanitation for detainees must be substantial, and also sunbathing and outdoor exercises should be allowed to detainees.