• Journal of the Korean Society of Costume
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• v.52 no.4
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• pp.87-95
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• 2002

본 연구의 목적은 한국의 글로벌에 따른 유명상표와 지적재산권의 관계를 살펴보고, 위조상품을 상표권적 측면과 국제통상문제의 시각에서 조망한 후 이에 따른 대응 방안을 제시하고자 한다. 연구방법은 문헌조사와 전문가 인터뷰를 실시하였다. 문헌 조사는 국내외 각종 문헌과 정부 자료 및 관련 법제에 대해 수집, 분석하였으며, 전문가 인터뷰는 관련 업체, 관련 분야 전문가를 중심으로 진행되었다. 연구 결과 첫째, 우리 정부는 공정한 경쟁 조건과 공통의 규칙 아래서 세계 경쟁을 펼치기 위해서 관련법제를 지속적으로 정비하고 둘째, 위조상품 추방을 위해서 제도의 실효성을 확보할 수 있도록 효율적이고, 강력한 법 집행이 선행되어야 하며 셋째. 유명상표와 관련한 타인의 신용에 편승하거나 부적절한 표현 등을 사용해서 품질과 관련하여 소비자를 현혹함으로써 부당한 이득을 얻으려는 상표 질서 문란 행위자를 견제하여 부정경쟁을 예방, 억제하는 방향으로 상표법이 운영되어야 하며 넷째. 시장에서 위조상품의 폐해가 어떠한 결과를 가져오는지 업계 및 일반인들에게 깊이 인식시켜야 하는 것으로 나타났다

• Korean Security Journal
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• no.38
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• pp.57-82
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• 2014

The purpose of this paper is to introduce the industrial security policies in Germany and to look for the implication for the development of korean industrial security. Due to highly developed economy and industrial technology, Germany has become the main stage for the industrial espionage for a long time. In Germany industrial espionage is classified into two categories; Economy-espionage and Competition-espionage. While economy-espionage is related to the Espionage of foreign intelligence agencies, Competition-espionage means the act of espionage, that is implemented by the private sector. When it comes to economy-espionage, prevention of economy-espionage is the duty of the State, because it threat the national interest. Otherwise, the private sector has to take the responsibility of prevention of competition-espionage. It goes without saying that, the state has to investigate the crime, when espionage happens. But Prevention is more important than investigation in this regard. For the realization of Public-Private-Partnership, the private sector should be the genuine counterpart of the Public through the sharing responsibility of industrial-espionage prevention. Another talking point this paper suggest, is the national ethic in connection with economy-espionage. The State could be not only a actor of espionage prevention, but also a perpetrator. The economy-espionage for the purpose of national interest would not be justified, unless it has nothing to do with national security.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.75-98
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• 2018

Recently, the antitrust tribunal of Seoul High Court revoked the disposition of Korea Fair Trade Commission(hereafter 'KFTC'). While KFTC determined that the restriction of Korea Pediatrician Association violated article 26 of the Monopoly Regulation and Fair Trade Act(Korean antitrust law), Seoul High court viewed that KFTC failed to prove the compulsory measures and the restraint of competition required in article 26. The 'restriction' of article 26 should be interpreted as 'excessive restriction'. Since entrepeneurs' organization is allowed to limit its member's activities, KFTC could regulate entrepeneurs' organization on a very exceptional basis. In addition, though entrepeneurs' organization did not use compulsory measures to enforce its resolution, its 'excessive restriction' could fit into the notion of 'restriction' of article 26. Under the current medical care system, the price of medical care is decided by Korean government. Therefore the restriction of Korea Pediatrician Association is not likely to have effect on the price. However, the resolution of Korea Pediatrician Association was aimed to decrease the supply of medical care. Therefore the resolution is capable of having effect on the competition. In this sense, though KFTC failed to submit direct evidence to support the decrease of quantity, there could be possibility of restraint of competition. The Seoul High Court's decision has important implications. The leading case on restraint of competition(Supreme Court 2002Du8628, Posco case) was delivered in 2007. However the remaining issue such as the standard and scope of restraint of competition is not clear. Through reappeal case of this decision, Supreme Court has to decide the line between competition and its restraint.

• Electronics and Telecommunications Trends
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• v.25 no.3
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• pp.72-80
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• 2010

스마트폰 시장 경쟁 본격화에 따른 개방형 플랫폼 증가와 앱스토어의 등장으로 인하여 범용 OS를 채택하고 있는 모바일 단말은 모바일 악성코드의 제작을 용이하게 만들고 제작된 모바일 악성코드는 범용 OS로 인해 이식성이 높기 때문에 모바일 공격의 및 피해가 증가할 것으로 예상된다. 따라서 향후 더욱 지능화되고 다양한 형태로 변형될 수 있는 악의적 행위에 의한 정보 유출, 불법 과금, 부정 사용 등과 같은 보안 위협 서비스 환경에 안전성, 무결성, 가용성, 신뢰성을 제공하기 위한 스마트폰 보안 기술 개발이 요구된다. 본 고에서는 스마트폰 보안 위협요소와 모바일 악성코드 동향을 살펴보고 이들 위협에 대응하기 위한 단말 및 모바일 보안 인프라 기술들을 소개하고자 한다.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• Journal of Science and Technology Studies
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• v.7 no.2
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• pp.23-46
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• 2007

이 글은 황우석 사태에 대한 기존의 연구들이 황우석 사태에 대한 정의도 뚜렷이 내리지 않고 그 용어를 쓰고 있으며, 아울러 황우석 사태를 대체로 한국적 후진성을 반영하는 현상으로 묘사하는 것은 나름대로 수긍할만한 측면이 없는 것은 아니지만, 황우석 사태를 올바로 이해하는 데 있어 걸림돌이 될 수 있다는 문제의식에서 출발하였다. 황우석 사태는 여성들의 난자들에 대한 비윤리적 사용 의혹에서 비롯되어 논문조작 의혹이 제기되고 그 의혹들이 맞는 것으로 밝혀지는 일련의 과학적 부정행위 규명과, 그 과정에서 논문조작이 밝혀졌음에도 불구하고 대중들이 보여준 황우석에 대한 비이성적 지지 현상 모두를 의미하는 것으로 이해되어야 한다. 황우석 사태를 이렇게 정의할 때, 우리는 황우석 사태가 세계적으로 볼 때 보편적 성격과 특수적 성격 모두를 지니고 있다고 평가할 수 있다. 한편으로 논문조작에 초점을 두고 황우석 사태를 보면 황우석 사태는 한국만의 현상이 아니라 세계사적 보편성을 지니고 있다고 할 수 있는데, 그 구조적 원인으로는 과학자간 경쟁의 격화와 업적주의의 강화를 들 수 있다. 다른 한편으로 논문조작이 밝혀졌음에도 불구하고 황우석에 대한 대중들의 열광적인 지지가 지속되었던 점에 초점을 두고 황우석 사태를 보면 황우석 사태는 다른 나라들에서는 그 유례를 찾을 수 없는 한국적 현상이라고 할 수 있는데, 그 현상의 근원에는 대체로 한국인들이 지니고 있는 한의 정서가 자리 잡고 있다고 할 수 있다.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.3-42
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• 2023

The Supreme Court en banc decision on December 12, 2022 (docket number 2016Do21314) ruled that the diagnosis of endometrial hyperplasia by an oriental medical doctor using a diagnostic ultrasound device was not an unlicensed medical practice for an oriental medical doctor, which shall be scrutinized by the article 27 (1) of the Korean Medical Service Act. This ruling did not determine that a specific medical practice, especially diagnosis, based on the radiology, which is a part of western medicine, was not an unlicensed medical practice for an oriental medical doctor. Rather, it intended to clarify that the prosecutor should specify and prove the way of diagnosis and he should not prosecute mere the use of a diagnostic ultrasound device itself. To that extent, the ruling is agreeable because, as the oriental medicine community has argued, there is no regulation prohibiting the use of certain devices. It is probable, however, that the way of diagnosis established in radiology, which is a part of western medicine, was actually used in the case. In that case, there is undeniably an unlicensed medical practice for an oriental medical doctor. While many of the cases where the demarcation between (western) medicine and oriental medicine have been problematized thus far have been experimental treatment in nature, the above practice of using ultrasound appears to be frequently done in many oriental clinics, and so it is necessary to cope with the possibility of a disguised unlicensed medical practice. Another problem is the prevention of unfair practice or the protection of medical consumers. In fact, many oriental medical clinics' practice appear to have a tendency of inducing medical consumers' misunderstanding that a diagnosis based on radiology, which is a part of western medicine, were provided. It is hard to respond to this problem with demarcation between (western) medicine and oriental medicine. A new regulation against unfair practice might be necessary to implement.

• Asia Marketing Journal
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• v.14 no.1
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• pp.99-130
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• 2012

Service failure and a poor service recovery may lead loyal customers to try to aggressively punish the service firm. We use perceived betrayal and desire for vengeance as the key constructs to understand customer retaliation. Perceived betrayal is defined as a customer's belief that a firm has intentionally violated what is normative in the context of their relationship. And the desire for vengeance is defined as the retaliatory feelings that consumers feel toward a firm, such as the desire to exert harm on the firm. The perceived betrayal and the desire for vengeance are key antecedents of retaliatory behaviors such as vindictive complaining, negative WOM and third-party complaining for publicity. The empirical results suggest that betrayal is a key motivational factor that lead customers to restore fairness by making use of all means, including retaliation. We also find that relationship quality has effect on a customer's response to a failure in service recovery. As the levels of relationship increases, a violation of the proper fairness has a stronger effect on the sense of betrayal experienced by customers. Considerable research has investigated consumer responses to dissatisfaction. But our study examine the response of outraged and highly frustrated consumers. We focus on emotional and behavioral processes that have not been covered by previous dissatisfaction researches and which are unique to outraged consumers caused by extremely dissatisfied purchase experience. It has recently been pointed out by various mass media that the customers not only have positive effects on the company performance but also put the company in crisis. It has often been reported that one customer's dissatisfaction, for example, never ends as it is, and it tends to grow for retaliating upon the company, depending on the level of seriousness of the dissatisfaction. This sometimes leads to a lawsuit against the company. Our study focuses on the customers' emotional and behavioral responses induced by their extreme dissatisfactions. We divided the customer groups into the customers with high relationship quality and the customers with low relationship quality, and the difference between two groups is examined. The objective of this study is to comprehend the causal relationship between the feeling of betrayal caused by the service failure and the retaliatory behavior triggered by the desire of revenge. Our study is divided into three parts. First, a causal relationship between perceived unfairness and the perceived betrayal and desire for revenge. Second, the effect of the perceived betrayal and desire for revenge on the retaliatory behavior is investigated. Finally, the moderating role of relationship quality in the causal relationship between the unfairness in service recovery and the perceived betrayal is analyzed. This study finds the following empirical results. The distributive unfairness, procedural unfairness and interactional unfairness had significant effects on the perceived betrayal. Especially, the perceived distributive unfairness results in the highest perceived betrayal. When the service company does not provide customers proper and sufficient compensation for the failure, they feel the strong sense of betrayal. And in the causal relationship between the perceived betrayal, desire for revenge and retaliatory behavior, the perceived betrayal has significant effects on e desire for revenge. In addition desire for revenge has significant effects on negative word of mouth, retaliatory complaining behavior and publicity of complaints through third group. Therefore the perceived unfairness has effects on retaliatory behavior through the mediation of the perceived betrayal and desire for revenge. Finally the moderating role of relationship quality was examined in the relationship between the unfairness and perceived betrayal. If the customers experienced the perceived unfairness in the process of service recovery, the customers with high relationship quality feel the stronger perceived betrayal than the customers with low relationship quality do. When they experience the double service failure, the customer group with high relationship quality accumulating the sense of trust feel the more perceived betrayal than the customer with low relationship quality who do not have strong trust. The contribution of this study is to find the effect of the service failure on the retaliatory behavior with the moderating roles of relationship quality. The dimensions of unfairness in service recovery is found to have differential effects on the perceived betrayal, desire for revenge. And these differential effect is moderated by the level of relationship quality.

• Journal of Intelligence and Information Systems
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• v.16 no.4
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• pp.1-19
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• 2010

In offline environment, unlike traditional advertising model through TV, newspaper, and radio, online advertising model draws instantaneous responses from potential consumers and it is convenient to assess. This kind of characteristics of Internet advertising model has driven the growth of advertising model among various Internet business models. There are, conventionally classified, CPM (Cost Per Mile), CPC (Cost Per Click), and CPS (Cost Per Sales) models as Internet advertising expenditure model. These can be examined in manners regarding risks that stakeholders should stand and degree of responsibility. CPM model that is based on number of advertisement exposure is mechanically exposed to users but not actually recognized by users resulting in risk of wasted expenditure by advertisers without any advertising effect. While on aspect of media, CPS model that is based on conversion action is the most risky model because of the conversion action such as product purchase is determined by capability of advertisers not that of media. In this regard, while there are issue of CPM and CPS models disadvantageously affecting only one side of Internet advertising business model value network, CPC model has been evaluated as reasonable both to advertisers and media, and occupied the largest segment of Internet advertising market. However, CPC model also can cause fraudulent behavior such as click fraud because of the competition or dishonest amount of advertising expenditure. On the user aspect, unintentionally accessed advertisements can lead to more inappropriate expenditure from advertisers. In this paper, we suggest "CPCD"(Cost Per Coupon Download) model. This goes beyond simple clicking of advertisements and advertising expenditure is exerted when users download a coupon from advertisers, which is a concept in between CPC and CPS models. To achieve the purpose, we describe the scenario of advertiser perspective, processes, participants and their benefits of CPCD model. Especially, we suggest the new value in online coupon; "possibility of storage" and "complement for delivery to the target group". We also analyze the working condition for advertiser by a comparison of CPC and CPCD models through advertising expenditure simulation. The result of simulation implies that the CPCD model suits more properly to advertisers with medium-low price products rather than that of high priced goods. This denotes that since most of advertisers in CPC model are dealing with medium-low priced products, the result is very interesting. At last, we contemplate applicability of CPCD model in ubiquitous environment.