• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.11 no.4
• /
• pp.1458-1467
• /
• 2010

Recently, imitation and infringement rights of an intellectual property are being recognized as impediments to nation's industrial growth. To prevent the huge loss which comes from theses impediments, many researchers are studying protection and efficient management of an intellectual property in various ways. Especially, the prediction of patent registration is very important part to protect and assert intellectual property rights. In this study, we propose the patent document analysis method by using text mining to predict whether the patent is registered or rejected. In the first instance, the proposed method builds the database by using the word frequencies of the rejected patent documents. And comparing the builded database with another patent documents draws the similarity value between each patent document and the database. In this study, we used k-means which is partitioning clustering algorithm to select criteria value of patent rejection. In result, we found conclusion that some patent which similar to rejected patent have strong possibility of rejection. We used U.S.A patent documents about bluetooth technology, solar battery technology and display technology for experiment data.

• The Korean Journal of Air & Space Law and Policy
• /
• v.22 no.1
• /
• pp.105-123
• /
• 2007

The launching of the Taepo-dong 1 on 31 August 1998 by the North Korea was the first case where the diplomatic protests was made against the flight, the purpose of which, the launching State claimed, consisted in space exploration and use. It is the principle regarding the freedom of space exploration and use, as included in the international treaty, that is relevant in applying the various rules and in defining the legal status of the flight. Its legal status, however, was not actually taken into account, as political negotiations leading to the test moratorium has been successful until present day in freezing the political crisis. This implies that the rules of the law lack the validity and logic sufficient in dictating the conduct of the States. This case shows that, in effect, it is not the rule but the politics that is to govern the status of the flight.

• Child Health Nursing Research
• /
• v.19 no.3
• /
• pp.149-158
• /
• 2013

Since 1990, descriptive studies about the concept of client advocacy have been published in the health journals. However, empirical studies of the concept are still lacking. There are not enough bases to apply the concept of client advocacy in nursing practice. The purpose of this paper is to encourage empirical research about client advocacy by clarification of the concept and to discusses application of the theory in child healthcare. The literature was reviewed that empirical studies on client advocacy conducted after the year 2000. The changing trends in the client advocacy concept was examined; it was changed from the philosophical concept to nursing action and changed from individual advocacy to collective advocacy, with the rise of the self advocacy concept. The research trends on client advocacy evolves from descriptive study to quasi-experimental study and instrument development study, with diversification and expansion of research methods, advocates, clients and settings. The advocacy role of the nurse in child healthcare is significant due to the child's lack of self determination ability. In ill child care, the application of individual advocacy is potent, while in healthy child care, collective advocacy, policy advocacy, and social advocacy is effective.

• The Korean Journal of Air & Space Law and Policy
• /
• no.spc
• /
• pp.87-104
• /
• 2007

The launching of the Taepo-dong 1 on 31 August 1998 by the North Korea was the first case where the diplomatic protests was made against the flight, the purpose of which, the launching State claimed, consisted in space exploration and use. It is the principle regarding the freedom of space exploration and use, as included in the international treaty, that is relevant in applying the various rules and in defining the legal status of the flight. Its legal status, however, was not actually taken into account, as political negotiations leading to the test moratorium has been successful until present day in freezing the political crisis. This implies that the rules of the law lack the validity and logic sufficient in dictating the conduct of the States. This case shows that, in effect, it is not the rule but the politics that is to govern the status of the flight.

• Journal of Legislation Research
• /
• no.41
• /
• pp.201-228
• /
• 2011

In 97hu2200, the Supreme Court of Korea suggested five requirements to apply the doctrine of equivalents, i.e. identity of problem-solving principles, interchangeability, ease of interchangeability, exception of known arts and file-wrapper estoppel. There have been arguments on whether the standard of ease of interchangeability could be regarded as the same as the obviousness standard in deciding patentability. The side who thinks that they are different (hereinafter, the side of difference) considers that the standard of ease of interchangeability is narrower than the obviousness standard. This side criticizes the side who thinks that they are the same each other (hereinafter, the side of the same) on the reason that doctrine of equivalents can be overly expanded. On the other hand, 'the side of the same' argues that every accused invention having no inventive step from the perspective of the patented invention should be considered to infringe. 'The side of the same' points that if the standard of ease of interchangeability is considered as narrower than the obviousness standard, 'grey area' should exist where the patent law cannot work. The difference between the two side may cause contradictory results in the decision of infringement under the doctrine of equivalents. Because 'the side of difference' construes claims narrowly than 'the side of the same,' an accused invention in the grey area is not regarded to infringe. 'The side of the same,' however, considers the accused invention to fall into the scope of the patent under the doctrine of equivalents. This paper concludes that the standard of ease of interchangeability should be regarded as the same as the obviousness standard from the perspective of economics of innovation.

• The Korean Society of Law and Medicine
• /
• v.21 no.3
• /
• pp.145-178
• /
• 2020

This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

• 한국노년학
• /
• v.38 no.1
• /
• pp.143-168
• /
• 2018

While there were posed arguments that social treatment to older persons should be based on the perspective of human rights turning into the 21st century, policy efforts to protect and promote the rights of older persons in international community have slowly proceeded. In this situation existing studies on the rights of older persons in the international perspective have been fragmented in their contents, lacking systematic overview of policy efforts to strengthen the rights of older persons in international community. This study aims to be the one that could be such a systematic study to overview international policy efforts to strengthen the rights of older persons through analyzing the background of posing the problem of the rights of older persons, problems in existing international norms for human rights applicable to older persons, and measures to strengthen the rights of older persons and controversial issues. Existing international norms on human rights that are Universal Declaration of Human Rights, international conventions on the rights in terms of area of rights and target population, and policy recommendations, are narrow in the scope of rights to be protected, and also lack legal force in their implementation. The international community has generally reached a consensus on strengthening the rights of older persons. However, there have been two different positions: strengthening existing norms on human rights versus creating a new convention on the rights of older persons. And also there have appeared many controversial points in both positions. Conclusively this study, arguing the creation of a new convention, suggests implications for Korean society and research studies.

• The Journal of the Convergence on Culture Technology
• /
• v.10 no.2
• /
• pp.27-33
• /
• 2024

In this article, this study examines the issue of "Physician-assisted Suicide" and how Ramon Sampedro asserts his right to a dignified death through litigation. Ramon, the protagonist of the movie <The Sea Inside> is a patient, severely paralyzed man who has spent more than 26 years in bed. The only thing he can do is verbally ask his family for help. Ramon can no longer support this worthless existence, so he pursues death with dignity. Ramon files a lawsuit to authorize death with dignity within a legal framework, but is denied on the grounds that life is a duty. Ramon eventually fulfills his desire for death with dignity with the help of his friends. Ramon sets up a camera to document the process of his death and introduces the cyanide, which is used in assisted dying, by inhaling cyanide in front of the camera and dying quietly. Although Ramon is not a terminally ill patient, who can blame him for practicing death with dignity as he chooses to do so. We will need to work to build social consensus and legislate for death with dignity for seriously ill patients like Ramon.

• Convergence Security Journal
• /
• v.13 no.5
• /
• pp.107-116
• /
• 2013

Occur in various parts of the world and the new aspects of the regional conflict is spreading. Nation and civilization, one based on religious ideology, hegemonic tendencies areas of conflict are factors that appear. It has the characteristic that inheritance and conflict between civilizations is spreading. Christian and Islamic books, especially the confrontation and conflict is surfaced in the international political aspects, and a threat to the security of the human race is approaching. To assert the superiority of Western Christianity emerging countries, the salvation of mankind and world peace mission with the historical non-democracy, human rights, women's rights, underdevelopment, nuclear issues, and the spirit of Christian civilization, considered to be linked and reverse, Democracy Launching and human rights issues are forcing Western development model. Islam believes in absolute monotheism that God Lord only determined by the 'slave' and having the determination to serve the religious, political, social and cultural nature ingrained, and closely adjacent to each other geographically, to focus on in quency characteristics higher than the other civilizations are appearing. To assert the doctrine of non-violent Islam 'Koran' and 'knife' became known as the violent images appear in the armed conflict between the culture method. Today the world is facing a clash of civilizations is derived from the religious conflicts and confrontation and friction between the nations appear. In particular, the deep religious roots of Christianity and Islam, the Arab-Israeli conflict, including the right to live in strife confrontation between Christianity and Islam was spread. By a factor of civilization and the spread of terrorism occurred historically proven came here from all over the earth that is being generated is true. Civilization are the symbol of the nation and the species identity.

• The Korean Society of Law and Medicine
• /
• v.19 no.2
• /
• pp.173-207
• /
• 2018

Japan is a super-aged society where the proportion of the people aged over 65 is exceeded 20%. Therefore, there are many accidents that occur in long-term care facilities in Japan, and there are many civil litigations. The Japanese court has acknowledged in many cases that the long-term facility is responsible for the damage to the elderly who is injured in the facility. The cases can be divided into ① tumbling down, ② wandering, ③ suffocation, ④ bedsore, and ⑤ accidents among the facility-users. In most cases, the court found that the facility violated its obligation to protect their users. This is not only the case where the manager or the employee of the facility violates the obligation to watch and care for the elderly, but in some cases, the failure to maintain the human and material system itself is recognized. The basis for such judgment is whether the facility can predict the possibility of an accident and whether the facility has taken measures to prevent accidents. Also, the Japanese court recognizes the transfer of burden of proof in order to expedite the victims' rights. However, the liability of the facility for damages should not be so heavy that it would be hesitant to allow a person to enter the facility and make a contract.