• Journal of Legislation Research
• /
• no.44
• /
• pp.487-538
• /
• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• Journal of Legislation Research
• /
• no.53
• /
• pp.375-418
• /
• 2017

Recently, a specialized hospital designation system has been introduced. In this regard, it is a question of whether a hospital can be searched by using the term 'specialized hospital' or 'specialized' in Internet online search. In this paper, it was examined whether there is a possibility that the medical institution might be mistaken as a specialized hospital designated by the Ministry of Health and Welfare when the concept of 'specialized hospital' or 'specialized' was used in advertisements. The name specialized hospitals can basically have three general meaning. So, if there is a possibility of confusion or misunderstanding in connection with this general meaning, it may be false advertising. The use of concepts other than these general meanings in law does not mean that general meaning disappears from consumer perception. Therefore, although the concept of a specialized hospital in the medical service act is defined in a special sense, the meaning of the specialized hospital should also be considered according to general recognition. In conclusion, the "Guideline for Specialized Hospital Advertising" prepared by the Ministry of Health and Welfare shows that the establishment of a wide range of prohibition limits the freedom of expression of medical institutions. In addition, the comprehensive prohibition of search terms such as 'specialized', and 'advanced' prevents consumers from freely searching for medical institutions with expertise. These guidelines, which are being deprived of the opportunity for professional medical institutions to advertise themselves appropriately, must be thoroughly reviewed.

• Journal of Legislation Research
• /
• no.53
• /
• pp.553-591
• /
• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Journal of Korean Classical Literature and Education
• /
• no.35
• /
• pp.153-193
• /
• 2017

This study explores the creation and enjoyment of Kuwoonmong (九雲夢) using a reference system called the cultural imagination, which is related to the Yin-Yang (陰陽) and Wu Xing (五行). When Kim Manjung wrote Guwoonmong, he may have composed figures and events based on this imagination. In particular, when he designed the eight seonnyeo (팔선녀), he set the order such as Gap (甲), Eul (乙), Byeong (병), Jeong (丁), etc. and characterized them according to the celestial stem (天干). Thus it was easy to avoid overlapping of characters and to construct various stories and relationships between them. The table below shows the characters of Kuwoonmong corresponding to the celestial stem. In not only the individual person but also the narrative world, Kuwoonmon demonstrates Yin-Yang and Wu Xing's imagination. In this respect, Kuwoonmon can be considered a large symbol encompassing the abstract theory of Yin-Yang and Wu Xing. Of course, the writer, Kim, Manjung would not have tried to symbolize the principle intentionally. However, he was also present in the environment of the cultural imagination that has been formed over the years. The same is true for the contemporary recipients of Guwunmong. They would have had a pleasant experience applying the cultural imagination and strengthening their familiar world view and human view.

• Journal of Legislation Research
• /
• no.53
• /
• pp.177-211
• /
• 2017

In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

• Journal of Legislation Research
• /
• no.53
• /
• pp.419-454
• /
• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Journal of Korean Classical Literature and Education
• /
• no.33
• /
• pp.211-253
• /
• 2016

Depending on the class and status, literary works are variously accepted and interpreted. As a result, they show different forms and ways of enjoying the novels and different variations of a text. The only ideal way of investigating and analyzting it is to meet someone who actually lived in that era. This study tries to investigate the enjoying aspects of the classic Korean classical novels by studying how the classical novels have been enjoyed in Northern Gyeong-Buk Area, especially in Cheongsong. It is a follow-up study of cases studies based in Yeongdeok, Uljin. As a result, one can come true the conclusions. In the case of Cheongsong, the Northern Area and Southern Areas show differences in their modes enjoying the Korean classical novels. The Northern Area has a strong expresses self-confidence and pride, and forms solid enjoying groups. However I could hardly find any such cases in the Southern Area. And the entertaining aspects of the classical novels are enjoyed by individuals rather than entertainers. It shows that there have been many difficulties in the culture of in taking-root classical novels as a firm ludic culture in Cheongsong. Furthermore, this survey can identify a duality of entertainers genres conception to enjoying Ga-sa and classic the Korean classical novels. The entertainers who haves read only the classical novels has not hidden ashamed of themselves as readers and entertainersof them. But the entertainers who are proud of the self as enjoyers of Ga-sa tried to dissimulate hide the fact that they read of the classical novels, because they think that a narrativity and fictitiousness, incredibility of the novels are disproportionate inappropriate to their for dignity as members of Yangban(兩班) families, and are in stark contrast to the morality and seriousness of Ga-sa.

• Journal of Korean Classical Literature and Education
• /
• no.34
• /
• pp.149-191
• /
• 2017

This study examines Korean language translations of traditional Chinese hansi in the 1910s and 1920s. In the $20^{th}$ century, many poets translated Chinese and Korean traditional hansi into Korean. In the early $20^{th}$ century, Korean language began to be used as a national public language. At that time, not only hansi but also poetry from several other languages had been translated into Korean. Choi Nam-sun in the 1910s and Kim So-woel, Kim Eok, and Lee Kwang-su in the 1920s translated Chinese traditional hansi, focusing on famous Dang dynasty poetry from Tu Fu and Li Bai, etc. Choi Nam-sun's translation in the 1910s aimed to consider poetry as a written literature. On the contrary, Kim So-woel, Kim Eok, and Lee Kwang-su believed that Korean modern verse literature should be songs as well as poetry, and their translations in the 1920s aimed to create songs as spoken literature by focusing on orality and universality. Though Korean is now the language, the literary history of hansi continues in modern poetry.

• Economic and Environmental Geology
• /
• v.52 no.5
• /
• pp.499-508
• /
• 2019

Based on the preliminary surveys for the occurrences of the Muwellut chrome-nickel mineralized zone ($800km^2$) in northwestern Myanmar, Bophivum area was selected as the detailed exploration area after considering data source, geological potential, metallogenic province, necessity of resource development on target mineral, exploration activity, grade, ore deposit type, nearby operating mine, infrastructure and exploration prediction effect. From 2013 to 2016, KIGAM and DGSE carried out geological and geochemical survey with 1:1,000 scale, magnetic survey(areal extent, $1.672km^2$), trench survey(19 trench, total length 392 m), pitting survey(18 pit, total depth 42.6m), exploration drilling(6holes 600m, 2015; 13holes 617.4m). We analyzed Cr and Ni contents of 77 drill cores with specific gravity in Yangon DGSE analytical center. Considering surface geological survey, geochemical exploration, magnetic survey, trench survey and drilling data, we divided Bophivum area into 8 blocks. Resource estimation are divided into measured and indicated resources. Measured resource is about 9,790t and indicated resource is about 12,080t with the average grade of Cr 11.8% and Ni 0.34%. In case of Bophivum area, if we develop by tying up Webula chrome mineralized zone in the south, it will be possible to upgrade the medium-scale mine. Geologically, the ophiolite belt are distributed in the western and eastern part in Myanmar. So, the exploration technology obtained from exploation in Bophivum area will be helpful to discover the hidden chromitite ore body in Myanmar ophiolite belt in the future.

• KOREAN JOURNAL OF CROP SCIENCE
• /
• v.64 no.3
• /
• pp.176-184
• /
• 2019

The rice variety Chucheongbyeo is mostly cultivated for organic farming in the central region of Korea. This variety is more delicate than the recently developed varieties in rice yield, quality, and pest resistance, and is therefore, not suitable for organic farming. This study was conducted to select suitable varieties for organic rice farming in the central plain area of Korea. We tested 15 different varieties in the organic paddy field of Cheongju city from 2011 to 2013. As the experimental field had good fertility because it had been organically managed for many years, culm length and number of panicles developed better than the varietal characteristics. Daebo, Chinnong and Hyeonpum had slightly lower ripened grain ratio than Chucheongbyeo. The milled rice yield of Samkwang, Sukwang, Haiami, Cheonghaejinmi and Daebo increased by 9-18% compared to that of Chucheongbyeo. The protein content was under 7% for Cheongnam, Sukwang, Daebo, Samkwang, Hyeonpum, Chinnong, Chilbo, Hopyung, Hwangkeumnuri, Suryeojinmi and Jinsumi and under 6% for Sukwang and Samkwang. The whiteness was over 40 in Sukwang, Daebo, Samkwang and Jinsumi. The palatability grade and head rice ratio were good in Daebo, Sukwang, Samkwang and Jinsumi. Therefore, this study recommended Samkwang, Daebo, and Jinsumi as the optimal varieties for organic rice farming in the central plain area of Korea. These varieties could replace Chucheongbyeo, which is inferior to the recently developed varieties in terms of disease and pest resistance and yielding performance.