• Digital Contents
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• no.10 s.161
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• pp.83-83
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• 2006

월간 <디지털콘텐츠>와 한국콘텐츠산업연합회는 '건강한 DC 유통환경 조성캠페인'의 일환으로 DC기업들이 경영일선에서 부딪히는 다양한 저작권 관련 사례들을 소개합니다.이번 호에서는 VOD 동영상 콘텐트 제작물에 관한 저작권의 권리 범위와 저작권이 침해당할 경우 이에 대한 법적인 대응방법에 대해서 살펴 봅니다.

• The Monthly Technology and Standards
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• s.120
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• pp.4-7
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• 2012

표준특허는 표준 규격을 따르는 장치 또는 관련기술을 구현할 경우 반드시 해당 특허의 권리 침해가 발생하는 특허다. 표준특허는 최근 삼성과 애플의 특허 분쟁으로 그 중요성이 부각되고 있다. '소리없는 전쟁'이라고 불리는 표준특허에 대해 알아본다.

• The Optical Journal
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• v.11 no.6 s.64
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• pp.1-9
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• 1999

1994년 채택된 무역관련 지식재산권협정은 후발개도국도 발명자의 권리 보호에 중점을 두는 특허제도를 채택하도록 해 기술료가 급격히 인상했으며 특허 침해관련 소송도 급증하고 있다. 이 가운데 1998년에 우리 나라 사진기, 복사기 분야의 출원을 살펴보면 외국인 출원비중이 41$\%$로 전 분야 외국인 출원비중의 2배 수준이다. 외국기술 의존도가 높은 데다 특허권에 대한 인식이 저조한 것은 심각하게 우려해야 할 상황이다.

• Electronics and Telecommunications Trends
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• v.12 no.4 s.46
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• pp.89-102
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• 1997

본 고에서는 특허를 포함한 산업재산권 이용실태를 통해 권리를 보유한 일본기업체의 특허 이용동향을 살펴보고, 거기서 나타난 특허의 이용방법 즉 실시권허여 및 침해시에 따른 특허가격 산정방법에 대해 논하였다. 특히 실시권 허여시 특허 기술료에 대해서는 돈의 시간흐름가치를 반영한 Munson이 제시한 식을 통해 산정해 보았다.

• The Journal of the Korea Contents Association
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• v.12 no.10
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• pp.159-168
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• 2012

Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

• The Journal of the Korea Contents Association
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• v.5 no.3
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• pp.63-71
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• 2005

The police have a responsibility to exercise the police authority in the sphere of peril prevention. Such right may be decided at their discretion. So, as a management according to the police's discretion is based on order and compulsion, it can not help infringing the rights of the people. Therefore, the exercise of the police authority has to be accompanied by a legal management policy according to the principle of legal reservation based on the principle of constitutionalism. This study is to find proper directions of the police function through preparing reasonable plans to guarantee freedom and rights of the people at its maximum while maintaining the public peace and order.

• Journal of Digital Convergence
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• v.12 no.6
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• pp.1-11
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• 2014

With the drastic development of technology for almost eternally saving digital information, cases for giving sufferings to a person who deserves to enjoy privacy have increased. So I study the right to be forgotten focusing on the collision between that right and freedom of expression. I also study the concept of the right to be forgotten and its legal basis for the protection of that right. That right can be protected mainly by the self-decision making right under the Article 10, and secondly the privacy right under the Article 17 of the Constitutional Law. The Press Arbitration Law can be applied to protect the right to be forgotten, but that Law needs the revision of time-limit clause for complain, protection clause for the right to ask to delete factual past article, and the clause of staleness doctrine for the consent of giving personal information.

• Journal of Internet Computing and Services
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• v.17 no.2
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• pp.77-85
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• 2016

Internet cookie technology is designed for solving unreliable problem of HTTP's inherent property and notifying user's previous activity to web site's server, so it is useful to provide suitable service for individual user. However, the cookie techniques are becoming more sophisticated such as the third cookie and super cookie. And its included information is applied for advertisement and target marketing strategy, so the problem occurs that user's personal information is collected excessively. However, our law does not recognize the internet cookie as personal information so user cannot know where own internet cookie is stored and applicable. Therefore, in this paper, we explain the internet cookie technology, the privacy invasion and right to be forgotten for solving problem due to the internet cookie. And we analysis the relationship between the information of internet cookie and personal information, and then present the improvement requirement on the law and technology to use internet cookie securely and conveniently.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• Korean journal of communication and information
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• v.39
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• pp.324-354
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• 2007

Facts, which constitute news, are as free as air. When they are transformed into news via labor and capital investment of a news organization, the news is deemed to have property values, and the media can claim exclusive rights over the news. The copyright law protects the originality of a work, the uniqueness of reporter's analysis, the selection of words, the arrangement of materials, and the emphasis given on particular points. The name of the game of copyright infringement lies in the infringement of the similarity of the method of expression, not the infringement of the subject. Even though news articles convey information by specifying factual elements of an event or accident, they still have some originality. The judgement that news articles lack of originality is inconsistent with the purpose of the copyright law. Therefore, the law should be amended to articulate that the unauthorized use of news articles without a proper citation shall be the subject of legal action, and courts should decide related cases accordingly.