• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.11
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• pp.291-300
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• 2020

Plagiarism concerns in the melody of popular music are on the rise. Despite these concerns, standards and methods for addressing these issues are lacking. This study is significant in the fact that it is the first case in the media which started as a controversy on plagiarism of popular music and even progressed to Supreme Court ruling. The first and second trial courts declared the existence of infringement of copyright by recognizing that the music in question was substantially alike as a result of comparing and reviewing the melody, rhythm, and harmony. However, the Supreme Court came to a different verdict on the infringement of musical work by reversing and remanding the case to the Seoul High Court. The Supreme Court indicated that even though the music presented in the first trial is a creative work entirely protected under the Copyright Act, expression without creativity is an area that is not protected under the law. Based on this case, this study seeks to compare and analyze the essential characteristics of melody in the judgment of infringement of copyrights in popular music, and factors related to the judgment of practical similarity and the judgment of idioms that are the criteria for judging infringement of musical work.

• The Journal of the Korea Contents Association
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• v.17 no.10
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• pp.559-566
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• 2017

Despite the government operating various preventive programs to ward off accidents and diseases on business sites, diseases rates are not decreasing, unlike accident rates. In many cases, diseases caused by work have a latent period before symptoms appear or progress over a longer term, making it difficult for workers to prove the causal relation between their work and the diseases. Moreover, data related to the business site are mostly owned by the employer. Even if the employee has access to parts of such data, his lack of medical expertise limits his ability to identify the characteristics of the diseases and how it appears. In August, 2017 the Supreme Court did an about-face with its ruling on the case involving diseases caused by exposure to harmful substances in work environments, by easing the burden of proof on the employees. As such, this study focuses on the case to analyze cases involving diseases that have occurred in work environments and present their implications. In doing so, the study seeks to provide a basic set of data that can help secure the employees' labor rights and rights to health by complementing the current law in relation to recognizing industrial incidents caused by rare diseases and making work environments safer for employees.

• Journal of Korea Port Economic Association
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• v.29 no.4
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• pp.265-288
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• 2013

The purpose of the study aims to analyse the loss incurred by withdrawal of ship under time charter based on the English Law with the MT Kos case. In this case, it is agreed that if the charterers had begun to make arrangements for the discharge of their cargo as soon as they received the owner's notice of withdrawal, the vessel would have been detained at Angra doe Reis for one day. As it was, she was detained there for 2.64 days. The issue is whether the owners are entitled to be paid for the service of the vessel during that 2.62 days, and for bunkers consumed in the same period. Their claim is put forward on three bases: (1) under clause 13 of the charterparty ; (2) under an express or implied new contract made after the vessel was withdrawn, to pay for the time and bunkers; and (3) under the law of bailment. The judge held they were entitled to succeed on basis (3), but rejected every other basis which they put forward. The Court of Appeal rejected the claim on all three bases, except that they allowed the owners to recover the value of bunkers consumed in actually discharging the cargo.

• Proceedings of the Korea Multimedia Society Conference
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• 1998.10a
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• pp.149-154
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• 1998

본 논문에서는 월드와이드웹상에서 3차원 인터페이스를 기술하는 표준 사양인 VRML과 자바의 EAI(External Authoring Interface)를 통하여 사용자 간에 발생하는 상호작용들을 동기화 시키는 방법을 소개한다. 제시한 방법에서는 별도의 독립적인 응용프로그램을 작성하거나 동기화를 위하여 확장된 VRML을 사용할 필요없이 웹브라우저와 바로 호환하여 사용할 수 있으며 기존의 방대한 웹문서와 연계가 쉬우므로 범용적인 자료구축이 가능하다. 하지만, 가장 최근의 VRML97에서조차도 VRML이 제시하는 가상공간 다중 사용자 환경의 지원은 아직 미비하다. 더 이상 단순히 3차원 월드를 탐험하는 시기는 지났으며, 같은 공간상에서 혼자가 아닌 여럿이 함께 하는 다중 사용자 환경을 제공해야 할 것이다. 이에 자바의 네트웍 기능과 가상공간의 외부에서 동적으로 월드를 제어할 수 있는 EAI를 이용하여 부족했던 다중 사용자 환경을 지원함으로써 가상 공간 시스템을 구축할 수 있다. 그러나, 가상 공간에서 일어나는 이벤트는 단지 동일 브라우저에서만 유효하기 때문에 다른 사용자에게 전달할 때는 이벤트를 원격지의 이벤트와 연동하기 위하여 다른 방법이 필요하다. 사용자 상호작용 시스템에 있어서 이러한 이벤트를 결정하는 가장 중요한 요소는 아바타의 행동양식(avatar's behavior)이라 할 수 있다. 가상 공간에서 일어나는 이벤트의 대부분이 사용자에 의해서 발생되는 것들이다. 즉, 아바타의 행위에 따라서 사용자 서로 간에 상호작용이 일어나게 되며 이들 이벤트를 서로 동기화 함으로써 실시간 3차원 상호작용 시스템을 구현한다. 이렇게 구현된 시스템을 구현한다. 이렇게 구현된 시스템은 전자 상거래, 가상 쇼핑몰, 가상 전시화, 또는 3차원 게임이나 가상교육 시스템과 같은 웹기반 응용프로그램에 사용될 수 있다.물을 보존·관리하는 것이 필요하다. 이는 도서관의 기능만으로는 감당하기 어렵기 때문에 대학정보화의 센터로서의 도서관과 공공기록물 전문 담당자로서의 대학아카이브즈가 함께 하여 대학의 공식적인 직무 관련 업무를 원활하게 지원하고, 그럼으로써 양 기관의 위상을 높이는 상승효과를 낼 수 있다.하여는, 인쇄된 일차적 정보자료의 검색방법등을 개선하고, 나아가서는 법령과 판례정보를 위한 효율적인 시스템을 구축하며, 뿐만 아니라 이용자의 요구에 충분히 대처할 수 잇는 도서관으로 변화되는 것이다. 이와 함께 가장 중요한 것은 법과대학과 사법연수원에서 법학 연구방법에 관한 강좌를 개설하여 각종 법률정보원의 활용 내지 도서관 이용방법에 관하여 교육하는 것이다.글을 연구하고, 그 결과에 의존하여서 우리의 실제의 생활에 사용하는 $\boxDr$한국어사전$\boxUl$등을 만드는 과정에서, 어떤 의미에서 실험되었다고 말할 수가 있는 언어과학의 연구의 결과에 의존하여서 수행되는 철학적인 작업이다. 여기에서는 하나의 철학적인 연구의 시작으로 받아들여지는 이 의미분석의 문제를 반성하여 본다. 것이 필요하다고 사료된다.크기에 의존하며, 또한 이러한 영향은 $(Ti_{1-x}AI_{x})N$ 피막에 존재하는 AI의 함량이 높고, 초기에 증착된 막의 업자 크기가 작을 수록 클 것으로 여겨진다. 그리고 환경의 의미의 차이에 따라 경관의 미학적 평가가 달라진 것으로 나타났다.corner$적 의도에 의한 경관구성의 일면을 확인할수 있지만 엄밀히 생각하여 보면 이러한 예의 경우도 최락의 총체적인 외형은 마찬가지로 $\ulcorner$순응$\lrcorner$의 범위를 벗어나지 않는다. 그렇기 때문에도 $\ulcorner$순응

• Korean Journal of Social Welfare
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• v.60 no.4
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• pp.157-173
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• 2008

Cultural welfare is the cultural activity provided and supported by state, a local autonomous entity, and private organizations to improve the quality of people's life. And as a basic concept as well as a premise of discussion on cultural welfare, cultural right is a social right, a right which can make cultural express, gain access to cultural activities. A statue concerning cultural activities contributed to the promotion of our people's cultural welfare interwoven with cultural right. But laws were made for the purpose of enforcing national policy and supporting regime rather than promoting fundamental human rights, and they became effective and were understood as a mere part of national government, not as perspective of their execution, security of right or realization of them. On the other hand, based on laws concerning social welfare, cultural life means human life consisting of minimum welfare system, and minimum level of life which guarantees least cultural life is becoming an objective standard. This means the standard level of cultural right, and for the handicapped cultural rights are concretely guaranteed as a right in that they will not be discriminated for their approaching to cultural activities. However, laws concerning cultural activities have limitation in that there are ambiguous concept and limitation of cultural life, and there are no concrete and active laws about cultural rights to guarantee cultural life. In a constitution and laws concerning social welfare, cultural welfare must have concrete contents about the range and the level of cultural rights. In order cultural rights to be turned into complete ones which can assert its rights, as seen in the Supreme Court, a court has to try to understand the violation of cultural rights as the violation of legal rights.

• Journal of Korea Port Economic Association
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• v.23 no.3
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• pp.29-51
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• 2007

The purpose of this study aims to explore shipowner's lost profit and its claim resulted from delay in redelivery under time charter with the Achilleas case. In this case, the charterers submitted that there was an established prima facie measure of damages in cases of late delivery, namely the difference between the market rate and the charter-party rate for the period from the time when the vessel should have been delivered until the time of her actual redelivery. An award for lost profit in respect of a subsequent charter could only be made under the second limb because the charterers had not been told, at or before the making of the addendum, that the owners were going to enter into a subsequent fixture and that it was critical that redelivery take place on time. However, the owners said their losses that was a not unlikely consequence of the charterers' breach. There was no special rule that the first limb could only lead to damages calculated by taking the difference between the market and the charter-party rate for the overrun. To award damages in the Achilleas case on the basis of the difference between the market and the charter rate for the overrun would compensate the owners for only a fraction of the true loss caused by the breach.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.207-254
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• 2018

The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.121-146
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• 2018

In traditional international law, a state was internationally responsible only for its activities. With the diversification of the subjects of international law and with the expansion of state's activities, however, bearing international responsibility by the state for its nationals or private enterprises has been recognised in international case law and states practices. Also, this was codified in 2001 by International Law Commission, finishing Draft articles on Responsibility of States for Internationally Wrongful Acts. Yet, international responsibility of state for private entities carrying out space activities including launching of satellites and space launch vehicles has been dealt with as an exception from state responsibility in general international law. As we have seen the successful launching of 'Falcon Heavy' by SpaceX which is an american private entity, the private activities in outer space are expanding to even as far as deep space such as Mars. In other words, the scope of the private activities is too enormous to deal with the activities, irrespective of general theories on state responsibility in international law. Therefore, it will be significant to see the constituent elements of state responsibility for private activities in outer space from the point of general international law, without prejudice to provisions related to international space law.

• Korean journal of communication and information
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• v.21
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• pp.147-175
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• 2003

This study is primarily concerned with the criteria for choosing a legitimate state plaintiff in cases involving a states request to media for a right of reply. Interpretation of the right of reply itself is different from country to country because of different constitutional views and systems in each state. Unlike the United States, the constitution of the Republic of Korea does not expressly prohibit the making of laws adversely affecting freedom of the press. Accordingly, in Korea freedom of the press may be restricted through legislation within certain limits and the right of reply is not incompatible with the spirit of the constitution. An analysis of relevant law makes it clear that the particular agency aggrieved should initiate the suit rather than the Justice Minister. The idea that the Justice Minister should assume the role of plaintiff in all state cases seems to stem from flawed interpretations of provisions in the Law Governing Registration of Periodicals and the Law Governing Litigation Involving the State. Even though each state agency has the right of reply, it should be cautioned not to abuse it as the states frequent involvement in litigation may bring on unnecessary misunderstanding and have a chilling effect on the media. The right of reply does not always imply that a certain media report in question is wrong and the media should be sanctioned for it. The right of reply is basically intended to help the general public make an informed judgment on issues presented in the media and insure fairness and balance.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.3-48
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• 2021

Among the major rulings handed down in 2020, there were cases involving anaphylaxis, which is timely as a side effect of coronavirus and flu vaccine. And as a rare case, a ruling was handed down that if medical treatment was done so unfaithfully beyond the limit of patience of ordinary people, it can be an independent illegal act and a cause of compensation for emotional distress. Also, there was a ruling in the appellate court that evaluated disability rate applying the Korean Academy of Medical Sciences Guides for the Evaluation of Permanent Impairment, not McBride system. And the supreme court made it clear that telemedicine is illegitimate. In relation to duty of explanation, it is in the process of adding detail criterion on the firm principles in the individual cases. In regard of medical records, there was a case that even when a medical record is strongly suspected to be tampered with, it is not considered to be an obstruction of proof. There were cases that resulted in different conclusion between the court of first instance and the appellate court rulings. Lastly, in the face of a growing number of cases in which doctors are sentenced to prison for malpractice, we reviewed a ruling that sentenced a doctor to prison.