• Journal of Digital Convergence
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• v.13 no.3
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• pp.117-125
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• 2015

In case that they do not have counterstrategies ready for patent disputes in advance, they would not be able to survive competitions or would fall behind in the market. Most of domestic companies are not equipped with appropriate counterstrategies, and there are only few studies on the countermeasures for patent disputes. Thus, this study examined counterstrategies for patent disputes drawn from cases of smartphone patent disputes and preceding researches, and conducted interviews and surveys with patent experts and company executives to grasp their opinions about the effectiveness of countermeasures for patent disputes related to the smartphone field. As for analysis tool, the Delphi method is selected that is usually used for analyzing relatively a small number of expert opinions. As a result of interviewing patent experts, effective countermeasures turned out to be cross licensing, counter-suit, and patent invalidation suit, in order, and as a result of surveys with company executives, they turned out to be patent invalidation suit, counter-suit, cross licensing, suit through solidarity, and loyalty agreement, in order. It is anticipated that the study results could be used for smartphone manufacturing companies and ICT companies to establish counterstrategies for patent disputes.

• Journal of the Korean association of regional geographers
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• v.22 no.1
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• pp.64-85
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• 2016

This paper is to consider the development process of conflict between Daegu and Gumi which has been arisen from Daegu city's plan of relocation of water intake plant. It first argues that water is a major common and public resource which is circulated through the social process as well as the natural one, and hence that conflicts within or between regions due to its allocation should be resolved or managed by construction of collaborative governance in which all stake-holders participate. In particular, it is pointed out that collaborative governance would be not only oriented to a normative goal, but also be mobilized as a strategic means. On the basis of this conceptual consideration, this paper explores the development process of conflict caused by Daegu city's plan of relocation of water intake plant, and analyze the starting conditions and deliberation process of the public-private committee which has been constituted through a consensus between Daegu and Gumi city government. It concludes that the current interruption of the committee has happened, because it has been mobilized politically as a strategic means for regional hegemony, not as a normative one to resolve the conflict.

• 한국노년학
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• v.38 no.1
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• pp.143-168
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• 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.

• Journal of Science Education
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• v.43 no.1
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• pp.136-156
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• 2019

This study examined the effects of STEAM program on preservice science teachers' communication competency and further explored their experiences of and reflection on STEAM program. The study design is one group pretest-posttest with mixed methodology using both quantitative and qualitative data. The STEAM program consists of three stages: introduction of STEAM, participation in STEAM activities, and reflection on the STEAM program. The preservice science teachers improved their communication competency after the STEAM program (p < .01). The preservice science teachers represented statistically higher scores on the three subscales of communication competency: Interpretation ability, self-presenting ability, and understanding others' viewpoints. In addition, the preservice science teachers reflected on their STEAM experiences. During the first stage of 'Presentation of the Problem Situation,' the preservice science teachers mentioned that they roused their curiosity due to everyday experience-related, social issues or present issues. In the stage of 'Creative Design,' the preservice science teachers mentioned that they selected the final idea through mutual consent of the members, the practical possibility of everyday life, the previous experience-based decisions, or persuasive power. Further, about 87.5% of preservice science teachers mentioned that they were fully engaged in the 'Emotional Learning' stages due to the application of integrated thinking, everyday related issues, and communication among group members. About 85% of the preservice science teachers mentioned that they could challenge new problems in future situations.

• Informatization Policy
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• v.28 no.1
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• pp.77-93
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• 2021

This study is based on a review of how and in which stages evidence can be used, in practice, in the policy process and proposes an information analysis framework capable of inducing continuous interaction among stakeholders and an operation procedure that allows experts to reconcile conflicts through the analyzed information. In particular, it focuses on the strategic planning process carried out in the policy formation stage of the R&D policy process, which promotes the creation of knowledge related to science and technology required to improve national competitiveness and solve social and environmental problems. Conflicts are negotiated and resolved by ensuring rationality in the policy process, following the operation procedure and inducing communication between the stakeholders participating in national R&D strategic planning related to the issue of population aging throughout utilizing the provided useful information. Our results showed that the proposed operating procedures and information analysis framework had a positive effect on the communication-oriented shift. Thus, in order to promote conflict management, an agreed operating procedures and information analysis framework should be established between stakeholders, thereby reducing a conflict of opinions in advance. This article realizes the true meaning of movement of evidence-based policies. In addition, the framework is helping support evidence-based R&D policies by strengthening rational behavior.

• Korean Journal of Legislative Studies
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• v.26 no.3
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• pp.5-35
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• 2020

This article purposes to investigate opening process of the 21st National Assembly in the middle of severe conflicts between two major-parties, and predict the changes it will bring to the operation of the National Assembly. With incumbent party's taking all leadership positions of standing committees, it broke the practice since 13th National Assembly, that is, distribution of the standing committees based on the seat-ratio. It means that our National Assembly has entered a new phase in the decision-making process. While the incumbent party, with overwhelming victory in general election, emphasizes that it should dominate legislative process to support the government, the out-party claims that they should take leverage to check over government. Two opposing trends are characteristically observed in the operation of the Korean National Assembly. First of all, due to the experience under authoritarian regimes, the National Assembly has been institutionalizing decision-making processes in the direction of enforcing cooperation between parties. On the other hand, the polarization in political parties has been stronger, making it difficult to reach consensus between parties. This article claims strongly that the 21st National Assembly need to find a balance amid such two-conflicting trends. To do so, three necessary conditions are proposed: observing decision-making procedures, securing diversity within party and National Assembly, and deliberative legislative activities.

• 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.

• Journal of Environmental Policy
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• v.6 no.1
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• pp.41-60
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• 2007

Attempts were made to define the elements of debates, impact of decisions of the Access to Genetic Resources and Benefit-sharing(ABS) of the Conference of the Parties(COP) to the Convention on Biological Diversity(CBD) In Korea. Providing policy suggestions to cope with ABS, a cross-cutting issue of the meetings of the COP, was also undertaken. Meetings concerning ABS deal with several key matters such as an international regime, which is a legally binding implementation tool of the Bonn Guidelines, an international certificate of genetic resources' origin/source/legal provenance, and disclosure of origin of genetic resources, compliance measures with prior informed consent of the Contracting Parties providing such resources and with mutually agreed terms on which access was granted. Developing countries, rich in biodiversity and genetic resources, use the CBD as a major tool to maximize their national profits. They demand for national sovereign rights for the genetic resources and indigenous communities providing associated traditional knowledge. At the meetings of the COP, in addition, they requested that developed countries should transfer technologies and provide a financial mechanism for resource conservation to them. On the contrary, the developed countries argue that facilitating access to genetic resources is essential for scientific research and development, and that both Intellectual Property Rights and biotechnology using genetic resources should be protected to maximize their national benefits. Decisions of the COP concerning the Bonn Guidelines and compliance measures with ABS will affect on various socioeconomic fields of Korea, a country which is short of genetic resources. Especially, the importation of genetic resources and land development which might damage genetic resources will be limited seriously. Consequently, overall expenses will increase for the securing genetic resources from the foreign countries and developing biotechnology for conservation and sustainable uses of genetic resources. To minimize the adverse impacts, we endeavor to establish our clear standpoint and to lead the international trends, which are favorable for us. In order to achieve these objectives, government needs i) to proceed researches to lead the international ABS debates actively and to prepare the expected decisions of the future meetings of the COP, ii) to establish a national implementation plan to cope with the ABS and its related decisions, iii) to examine and improve the efficiencies of the national implementation plan with a proper monitoring system, and iv) cope with the other international meetings including the meetings of Trade Related Intellectual Properly Rights and International Treaty on Plant Genetic Resources for Food and Agriculture actively.

• The Journal of Korean Philosophical History
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• no.56
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• pp.119-149
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• 2018

Le 樂 is important in Politics of the Kings. It is the same in Nothern Song period(北宋). There was an argument about Le 樂 and Lu 律 in Nothern Song Period. Those who argued were Fan-Jin(范鎭) and Sima-Guang(司馬光). They argued for 30 years. Fan-Jin insists that a standard of weights and measures is Lu and a standard of Lu is the fundamental tone of twelvenotes scale, Hwang-Jong 黃鍾. On the other hand, Sima-Guang insists that a standard of Lu is weights and measures and a standard of Le is Equilibrium and Harmony, Zonghe 中和. Fan-Jin thinks it is possible to restore a Sage King's music through the right standard of Lu. But Sima-Guang thinks it is impossible. Sima-Guang believes that the only way to restore a Sage King's music is to complete Zonghe. And Fan-Jin thinks Zonghe is the work of the king whereas Sima-Guang thinks Zonghe is the order of man and everything. The key point in the argument is Lu and Zonghe. Fan-Jin regards Lu as the basis of music, whereas Sima-Guang regards Zonghe as the basis of music. Lu is a tangible law and Zonghe is a intangible law. Although the argument between the two ended in a stalemate, the argument shows the difference between the scholars at the time.

• Korean Journal of Social Welfare
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• v.58 no.3
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• pp.295-312
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• 2006

The use of the national pension funds to welfare has been criticized due to its low profitability, with concern about financial instability and the lack of funds. Despite the small amount of the funds employed to the welfare, therefore, it has been decreasing so far. It is resulted from the fact that the use of funds to the welfare sector failed to provide its valid reasons, and take the policy direction firmly. There are three main logical reasons for the welfare investment of national pension funds: Firstly, no state is capable to take the full responsibility for the entire social welfare, and therefore, the funds can be used for social welfare. Secondly, the funded system, contrasted with the case of pay-as-you-go system, has inevitably caused discriminations to the present elderly through excluding them institutionally from pension participation. At last, so as to its selective system, the minimum contribution period of 10 years brings about the equity problem between the people who can afford it and the people who hardly can. Therefore, investing a proportion of funds to the welfare is entirely reasonable in that it can alleviate the discriminations to the present elderly generation and the marginal participants, rather than to meet their social welfare needs. With regard to the policy decision, the profitability of the investment, and the choice of the welfare work, on the other hand, the policy direction should be given a sufficient consideration of a various policy factors such as the necessity of social consensus, independence of the welfare work in relations with other national welfare work, policy identity to judge whether the work is worth long-run or short-run, and the reliance of direct-operated work and indirect-operated work. As a result of all these efforts above mentioned, an investment to the welfare of the national pension funds could be vitalized, and gain public confidence.