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A Study on the Judgment Criteria for the Trademark Dilution of Famous Marks

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.10
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    • pp.225-232
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    • 2019
  • The trademark dilution of famous marks as a kind of unfair competition practice is defined and regulated in Article 2 (1) (c) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as the Unfair Competition Prevention Act), which was newly established according to the amendment of the Act on February 3, 2001. Famous trademarks are universally protected in all around the world, which are likewise protected in the Republic of Korea by the Unfair Competition Prevention Actin line with such international trends. In order to establish the trademark dilution of famous marks, it is necessary to have the following characteristics: (1) high reputation of the original mark, (2) use of identical or similar markscompared to the original mark, (3) occurrence of blurring of discrimination or tarnishment of reputation; in particular, with respect to the degree of proof of 'blurring of discrimination or tarnishment of reputation', which is a constituent requirement of the trademark dilution of famous marks, it is reasonable to interpret the trademark dilution as concrete endangerment offense, neither harm-based offense nor abstract endangerment offense, and thus it should be considered that the crime is established if a specific realistic risk of blurring of discrimination or tarnishment of reputation occurs. Furthermore, in relation to the specific criteria of 'blurring of discrimination or tarnishment of reputation', it is necessary to comprehensively judge the degree of individual behavior in specific matters as a normative factor as well as the psychosocial viewpoint of the general public.

Sion Sono's Films and Religion in Terms of the 'Gaze' : Fantasy, Desire, and Love (소노 시온 영화와 '응시'의 종교: 환상·욕망·사랑)

  • Park, Kyutae
    • The Critical Review of Religion and Culture
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    • no.25
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    • pp.77-122
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    • 2014
  • A Japanese director Sion Sono(園子溫, born in 1961), who is not so familiar to us yet, has been depicting the world of violence and sexuality filled with poetic and philosophical messages through the shockingly impressive works such as Strange Circus(2005), Love Exposure(2008), Cold Fish(2010), Guilty of Romance(2011), and so forth after the great success of Suicide Circle(2001) and its second film Noriko's Dinner Table(2005). In addition to these, he has also presented a kind of realistic visions in much more direct ways by Himizu(2011) or Land of Hope(2013) after 3 11 disaster. The purpose of this paper is to try a psychoanalytic interpretation of Sion Sono's film, centering on his Guilty of Romance(愛のむきだし), in terms of the concepts of Jacques Lacan(1901-1981), for example, gaze, objet petit a, fantasy, desire, the imaginary-the symbolic-the real, jouissance, etc. In so doing, this paper will pay special attention to the discourse of love on one hand, exploring the way how to show any new perspective to the religious studies by reading film and religion in association with Lacan on the other hand.

Hwang Hyok's life and poetry (독석(獨石) 황혁(黃赫)의 생애(生涯)와 시세계(詩世界) - '소무(蘇武)'와 '굴원(屈原)'의 이미지 -)

  • Kwon, Hyok Myong
    • (The)Study of the Eastern Classic
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    • no.70
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    • pp.33-58
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    • 2018
  • The purpose of this paper is to clarify the life and poetry of Dokshok Hwang Hyok. In Chapter 2, we looked at the life of Hwang Hyok. There are two characteristics in the life of Hwang Hyok. First, Hwang Hyok had excellent literary talent. Secondly, Hwang Hyok wrote in an attempt to surrender during the Japanese Invasion of Japan. That is why he lived a 21 year detained life. In Chapter 3, we looked at poetry based on the life of Hwang Hyok. The features of poetry are as follows. First, the image of Somu and reality of Tiger and Dhole go around. Hwang Hyok lived a confined life because of the Japanese Invasion of Korea. Because of that, Hwang Hyok recognized the Japanese invasion of the Imperial Japan as a world where Dhole and tigers travel around. It symbolized the image of Sommu that he did not surrender. Second, Changsha, is the world and Gulwon images. Changsha is Gulwon the space of self-destruction. Hwang Hyok likened his dark life to Gulwon dead. This is because Hwang Hyok's life is similar to Gulwon's life. In other words, Hwang Hyok was most appropriate to compare his tough life to Gulwon, who drowned in Myeoglasu.

A Study on the Admissibility of the Virtual Machine Image File as a Digital Evidence in Server Virtualization Environment (서버 가상화 환경의 가상머신 이미지에 대한 법적 증거로서의 허용성에 관한 연구)

  • Kim, Dong-Hee;Baek, Seung-Jo;Shim, Mi-Na;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.18 no.6A
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    • pp.163-177
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    • 2008
  • As many companies are considering to use server virtualization technology to reduce cost, the crime rates in virtual server environment are expected to be increasing rapidly. The server virtualization solution has a basic function to produce virtual machine images without using any other disk imaging tools, so that investigating virtual servers are more efficient because the investigator only has to collect the virtual machine image and submit it to the court. However, the virtual machine image has no admissibility to be the legal evidence because of security, authenticity, procedural problems in collecting virtual machine images on virtual servers. In this research, we are going to provide requirements to satisfy security, authenticity and chain of custody conditions for the admissibility of the virtual machine image in server virtualization environment. Additionally, we suggest definite roles and driving plans for related organizations to produce virtual machine image as a admissible evidence.

Intercultural Comparative Research on Korea-Turkey : Focused on Content Analysis of Turkish Remaking Film (한국 영화 <7번방의 선물> 리메이크를 통해 본 한국-터키 문화 비교 연구 - 터키판 <7번방의 기적>을 중심으로)

  • Lee, Eunbyul;Park, Soohyun
    • The Journal of the Korea Contents Association
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    • v.22 no.6
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    • pp.175-183
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    • 2022
  • This study comparatively analyzed the cultural codes of Korea and Turkey represented in the Turkish film remaking the Korean original film. Although both films follow the narrative of resisting the tyranny of public power based on fatherly love, similarities and differences were revealed depending on the socio-cultural contexts of Korea and Turkey. First of all, Korea and Turkey valued familialism under the influence of Confucianism and Islam respectively. This was represented as a fatherly love, willing to sacrifice himself for the sake of his daughter. Meanwhile, in the Turkish version, there was a difference in the interpretation of the Islamic identity that encompasses the lives of Turkish people and the consequent human sinfulness and death. In the film, the prisoners repented of their personal sinfulness under Islamic doctrine, and sought salvation by activating the muslim brotherhood. This contrasts with the original work, which uses religion as a humor element that highlights the genre characteristics of comedy films, along with the social atmosphere in Korea that allows for the coexistence of various religions. In addition, Turkish one draws on the realistic issues of the military dictatorship of Turkey in the 1980s and the abolition of the death penalty for EU membership, bringing out a film narrative as a drama genre.

Agent "M" -The Apparatus of "Hate" and Human or Non-Human Beings as Living Dead (Agent "M" -'혐오'의 장치와 리빙 데드의 (비)인간)

  • Kwon, Doo-Hyun
    • Journal of Popular Narrative
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    • v.27 no.1
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    • pp.133-185
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    • 2021
  • This study is an attempt to connect television drama M, which deals with abortion issues, with theoretical focus such as materiality, relativity, and agency, to understand diffractively as an cartography of agential reality. According to Karen Barard's Agential Realism, Television drama M is a sociocultural phenomenon produced by the agential intra-actions of material-discursive apparatuses such as medical technology, ghost stories and legends, and male-affect. The 1990s repeatedly revealed "hate" through apparatuses such as technology, discourse, and affect, which are directed at women's gendered bodies. The material -discursive practice of plastic surgery and abortion proves that the agential reality surrounding the body is closely intertwined with medical technology, as well as with the genderized hate. Another related material-discursive phenomenon is rediscovery of the legend and fad of the ghost story, which is also produced from the hate of the denaturalized body, which is once again expanded and reproduced. Appearing in this environment of affect, M enacts diffraction, which is based on backlash, lacking posthuman implications for the materialization of the techno-body. M puts humanistic assumptions about "Man" as a universal definition, historically framed and defined in context. But it is not universal and it is gendered. The current time when the political turmoil surrounding medical technology, discourse, and bodily matters is violently intra-acted is the time to carefully account and respond to the alternative definitions of human beings that M has rejected.

Studies on Korean Digital Fantasy Film -Genealogy, Case, and Social Meaning (한국 디지털 판타지 영화 연구 -계보, 표본, 그리고 사회적 의미)

  • Kim, Chung-Kang
    • Journal of Popular Narrative
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    • v.26 no.1
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    • pp.41-76
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    • 2020
  • Recently, the cinema industry faced a crisis on the rise of various media platforms such as Netflix, Amazon Prime, IPTV, and Kakao Page. The rate of film release in the theater has become ever shorter, and the secondary consumption of film through IPTV, tablet, PC, or mobile has seen a drastic increase. In the midst of this new media-geography, the most significant change in recent years would be the rise of the 'fantasy film' genre. This paper explores the conditions and characteristics of fantasy films in the way in which the genre has been constituted, and delves into particular aspects that its contents contain. This is an attempt to understand the sociology of the birth of a new genre. In this process, this paper will ask two frequently raised questions in regard to this genre. The first is to ask whether we can discern fantasy from reality, and the second is to examine whether the fantasy genre implicates certain social subversion. These two questions aim to discover how fantasy forms a relationship with reality and what this means. To do so, this paper will trace the genealogy of the fantasy film genre in Korea and analyze recent big hits such as the series as the model case of digital fantasy film. Through this exploration, this paper will be able to provide a new sociology of the fantasy film production and consumption in the 21st century Korea.

Der Begriff der Heilkundeausübung nach deutschem Medizinrecht (독일법상 의료행위 개념)

  • Seok-Bae Lee
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.3-31
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    • 2023
  • Der Begriff der Heilkundeausübung ist im positiven Recht in Korea nirgends festgelegt. Der wurde jedoch indirekt durch die Auslegung der Heilkundeausübung ohne Erlaubnis gemäß § 27 Abs. 1 des "Medizingesetzes" geregelt. In der Vergangenheit beschränkte der kOGH(the Supreme Court of Korea) die Heilkundeausübung auf die "Behandlung von Krankheiten und stellte fest, dass "medizinische und technische Maßnahmen, die keine pathologischen Symptome oder Funktionsdefizite im Körper voraussetzen, nicht zur Heilkundeausübung gehören." Danach änderte der kOGH seine Rechtsprechung auf "Vorbeugung oder Behandlung von Krankheiten durch Durchführung ärztlicher Untersuchungen, Optometrie, Verschreibung, Medikation oder chirurgischer Eingriffe auf der Grundlage von Erfahrung und Fähigkeiten, die auf medizinischem Fachwissen basieren, und anderer Gesundheitsfürsorge, definiert "medizinische Maßnahmen" als "eine Handlung, die eine gesundheitliche Gefahr darstellen kann, sofern diese nicht von einem Mediziner durchgeführt wird". Der Begriff der Heilkundeausübung in der Rechtsprechung ist einerseits zu abstrakt und kann eine Leerformel sein, andererseits kann seine Einschränkung eine Gefahr für die öffentliche Gesundheit erbringen. Daher besteht Bedarf an einem Kriterium, das dar derzeitige Begriff der Heilkundeausübung entsprechend dem gesetzgeberischen Ziel reduzieren kann, das Risiko für das Leben, den Körper oder die öffentliche Gesundheit von Menschen zu verhindern, das durch die Durchführung medizinischer Arbeiten durch nichtmedizinisches Personal entstehen kann. Um ein Kriterium vorzustellen, das das aktuelle Konzept der Heilkundeausübung reduzieren kann, werden in diesem Artikel das positive Recht, Theorien und Rechtsprechung zum Begriff der Heilkundeausübung in Deutschland untersucht und nach einer Alternative gesucht.

Juror Judgmental Bias in Korean Jury Trial: Sentencing Demand and Anchoring Effect (사법적 의사결정시 나타나는 배심원 판단편향: 검사구형량의 정박효과)

  • Lee, Yumi;Cho, Young Il
    • Korean Journal of Forensic Psychology
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    • v.11 no.3
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    • pp.329-347
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    • 2020
  • When a person suggests an estimate under uncertainty, (s)he tend to rely on the information and number provided in advance. As a result, their final estimate would be assimilated to the initial value. This phenomenon is called "anchoring effect". The present research examined anchoring effects observed in law courts. Sentencing decision of jurors can be influenced by the sentence demanded by the prosecutor. Specifically, this study demonstrated the condition in which anchoring effect would be stronger and practical solutions for lowering anchoring effect. Study 1 demonstrated whether gravity of criminal cases and levels of anchor influenced anchoring effects. As expected, anchoring effect was stronger in a heavier criminal case than in a lighter one. When a low anchor was provided in a lighter case, anchoring effect was stronger compared to when a high anchor was provided. Study 2 examined how emotion affects anchoring effects. The results showed that anchoring effect appeared to be significantly stronger with feelings of anger than of sadness. Study 3 examined the solution for reducing anchoring effects in a court. When activation of selective-accessibility model was prevented, anchoring effects significantly decreased. These results can help solve the problems about juror judgmental bias and contribute to the development of Korean jury trial.

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A Study on the Classification and Characteristic of Sufferings in Daesoonjinrihoe (대순진리회 고통론의 유형화와 특징)

  • Cha, Seon-keun
    • Journal of the Daesoon Academy of Sciences
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    • v.25_2
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    • pp.1-43
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    • 2015
  • Daesoonjinrihoe perceives that human suffering is caused not only by mental factors but also by the cosmic principle of Mutual Overcoming more fundamentally. The relationship influenced among all things in the universe is Mutual Beneficence and Mutual Overcoming. If these relations are properly cooperated in harmony, all things will reveal their energetic existence in a balanced state, however, if one side, particularly, Mutual Overcoming becomes excessive, indeed, it will cause trouble. That is, the sentient beings that are inclined to excessive Mutual Overcoming rather than indispensable Mutual Overcoming make grievances among themselves and cumulate them. In the end, heaven and earth lose its constant Way[常道], leading the sentient beings to all kinds of agonies. However, it may be a problem if every agony is depicted with Mutual Overcoming, that is, one single fixed frame, because Mutual Overcoming has to be interpreted diversely according to the circumstances. Thus, it is not possible to explain precisely about the agony if not understanding its spectrum. This study analyzed the ways how Daesoonjinrihoe explains the aspects of reasons and solutions to a variety of agonies. In the Supreme Scripture of Daesoonjinrihoe, the reasons for agony vary: first, it is caused by Mutual Overcoming of the cosmos itself, which is irrelevant to human beings. Secondly, man can be victimized because of Mutual Overcoming caused by man. Thirdly, there is a case of a victim who is damaged due to Mutual Overcoming caused by the other. Fourthly, man can be victimized because of Mutual Overcoming caused by someone else's unintended deeds. Fifthly, there is a case of man having agony in return when he, as a perpetrator, hurt others or resolve his inappropriate desires. Sixthly, man's deed unintendedly became a sin and have agony in return. Seventhly, man can be a self-perpetrator, conceiving vain desire, obsession and grievance. Eightly, there is a case of man having agony during enforcement of the law or practice of justice. Ninthly, man needs to endure agony during self-cultivation, enacting Reordering of the Universe(天地公事), ritual practice, promotion of fortune, and test. However, it is important to make sure that the reason for agony can interact with not only one but also diverse models in real situation. These nine models are included in the category of Mutual Overcoming; but, these cannot be classified in a single term, Mutual Overcoming because much information will be hidden, only to make it difficult to explain about agony more precisely. There are some characteristic observed in the concept of agony in Daesoonjinrihoe as follows: first, reasons for agony are caused by Mutual Overcoming although Mutual Overcoming can be interpreted differently according to the circumstances. Secondly, Daesoonjinrihoe makes a positive valuation for some agony. Thirdly, the solution to overcome a agony is brought to a conclusion, that is cultivation practice of Daesoonjinrihoe. Fourthly, the experience of agony and solution in Daesoonjinrihoe sometimes lie in the unit of family beyond individual. Fifthly, in the painful situation resulted from vain desire and obsession, Daesoonjinrihoe suggests a solution called Mutual Beneficence. That is, it emphasizes not only self-control but also active practice of considering others.