• Journal of Arbitration Studies
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• v.16 no.1
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• pp.343-373
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• 2006

지적재산권의 속지주의 원칙에 따라 전통적으로 지적재산권의 침해에 있어서 결과의 발생이 없는 행위지를 침해지로 인정하지 않았다. 어문과 예술작품을 보호하기 위해 1886년 체결된 베른협약(Berne Convention for the Protection of Literary and Artistic Works) 제5조 제1항은 저작자가 베른협약에 따라 보호되는 저작물에 관하여 본국 이외의 동맹국에서 각 법률이 현재 또는 장래에 자국민에게 부여하는 권리 및 이 협약이 특별히 부여하는 권리를 향유한다고 규정하여 내국민대우원칙을 천명하고 있다. 또한 베른협약 제5조 제2항은 저작권의 보호와 향유는 저작물의 본국에서 보호가 존재하는 여부와 관계가 없이, 보호의 범위와 저작자의 권리를 보호하기 위하여 주어지는 구제의 방법은 오로지 보호가 주장되는 국가의 법률의 지배를 받는다라고 규정하여 저작권 침해가 발행한 국가의 법률의 적용을 명시하고 있다. 인터넷과 무선통신 기술의 발달은 저작물을 디지탈 형식으로 실시간에 전세계에 배포하는 것을 가능하게 하였다. 특히 저작물의 인터넷상에서의 배포는 다국적 저작권 침해행위를 야기하여, 저작권자가 다수의 국가에서 저작권 침해소송을 제기하여 판결을 집행하는 것이 필요하게 되었다. 헤이그국제사법회의(Hague Conference on Private International Law)에서 1992년부터 논의되어 온 민사 및 상사사건의 국제재판관할과 외국판결에 관한 협약(Convention on Jurisdiction and Foreign Judgment in Civil and Commercial Matters)에서 채택된1999년의 예비초안(preliminary draft) 및 2001년 외교회의에서 수정된 잠정초안(Interim text) (이하 헤이그 협약 )은 저작권자가 저작권침해행위가 발생한 각 국가에서 저작권 침해행위를 금지하는 소송을 제기할 필요없이, 동 협약의 한 가맹국가의 법원의 저작권침해금지판결을 다른 가맹국가에서도 집행할 수 있는 가능성을 제시해 주는데 의미가 있다. 헤이그 협약 제10조는 불법행위(torts)에 관한 일반적인 재판관할에 관한 규정을 두고 있으며, 저작권침해에 관한 분쟁은 동 조항의 적용을 받는다. 제10조에 의해 당사자는 가해행위지 국가의 법원 또는 결과발생지 국가의 법원에서 소송을 제기할 수 있다. 결과발생지의 경우 제10조 1항 (b)는 피고가 자신의 행위가 본국의 법규에 비추어 동일한 성격의 손해를 초래할 수 있다라고 합리적으로 예견할 수 없었던 경우에 본 조항의 적용을 배제하고 있다. 인터넷을 통한 저작권침해의 경우, 피고가 자신의 국가의 법규하에서 합법적으로 저작물을 웹사이트에 게시하였으나, 그 행위가 다운로딩이 행해진 국가에서 불법인 경우, 피고는 저작권침해를 예견할 수 없었으므로 이에 문제가 제기된다. iCrave TV사건에서, 피고인 캐나다회사가 미국 및 캐나다에서 방송되는 텔레비젼 방송 프로그램을 자신의 웹사이트에 게시하여 이용자들로 하여금 컴퓨터를 통하여 방송을 재시청 할 수 있도록 하였는데 이는 캐나다에서 합법인 반면에 미국에서는 저작권 침해에 해당한다. 피고는 방송 프로그램을 인터넷상에서 재방송하는 것은 캐나다법상 합법이므로 저작권침해를 예견할 수 없었다고 주장하면서, 해당 사이트에 오직 캐나다 거주자만의 접속을 허용하고 미국 거주자의 접속을 제한하는 일련의 Click-Wrap 계약과 스크린 장치를 제공하였다고 주장하였다. 본 사건 피고의 주장을 받아들인다고 가정할 때, 제10조 1항(b)에 의해 원고는 결과발생지인 미국법원의 재판관할을 강제할 수 없을 것이다. 지적재산권을 둘러싼 분쟁에 관한 재판관할과 국제법상의 판결의 승인 및 집행의 통일성을 기하기 위하여 2001년 1월 세계지적재산권기구(World Intellectual Property Organization)가 제안한 WIPO 협약초안(Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters)은 헤이그 협약이 재판관할과 판결의 승인 및 집행에 대한 일반적인 접근을 하고 있는 점에 반하여 지적재산권자의 보호라는 측면을 고려하여 지적재산권침해소송에 국제재판관할권을 규정하고 있다. WIPO 협약초안 제6조는 저작권자가 저작권 침해를 막기 위한 합리적인 조치를 취한 국가에서 저작권 침해소송을 피할 수 있다고 규정하고 있다. 따라서 본 조항에 의할 경우, iCrave TV사건의 피고는 미국에서의 저작권 침해소송을 회피할 수 있을 것이다. 이상과 같이 헤이그 협약이 외국판결의 승인 및 집행을 가능하게 하고 있음에도 불구하고, 외국법원의 판결이 다수의 가맹국가에서 집행되지 못하는 가장 큰 장애는 대다수의 국가들이 외국법원의 판결이 공서양속(Public Policy)에 반하는 경우 판결을 승인하지 않는 예외규정을 두고 있기 때문이다. 미국의 경우, Uniform Recognition Act와 Restatement(Third) of Foreign Relations에 따른 공서양속의 예외규정(Public Policy exception)은 외국법원의 판결의 승인을 부인하는 근거가 된다. Yahoo! 사건에서 Yahoo! Inc.의 옥션 사이트를 통해 독일 나치 소장물의 판매가 이루어졌는데, 프랑스 형법상 이는 범죄행위에 해당하므로, 프랑스 법원은Yahoo! Inc.에게 프랑스 이용자가 당해 옥션 사이트에 접속할 수 없도록 모든 가능한 조치를 취할 것을 명하였다. 이에 미국 법원은 프랑스 법원의 판결은 Yahoo! Inc.의 미국헌법 제1 수정(First Amendment)의 언론의 자유(freedom of speech)에 반하므로 판결의 집행을 거부하였는데 이는 공서양속의 예외규정을 보여주는 예이다. 헤이그 협약 제28조와 WIPO 협약초안 제25조 또한 공서양속의 예외규정을 두고 있다. 본 논문은 인터넷과 통신기술의 발달로 야기되는 다국적 저작권 침해사건에서 한 국가의 법원의 저작권 침해금지판결이 다수의 국가에서 승인 및 집행될 수 있는 능성을 헤이그 협약과 WIPO 협약초안 및 미국판결을 중심으로 살펴보았다. 국제적으로 통일된 저작권법이 존재하지 않고 외국 판결의 승인을 부인하는 예외조항과 외국판결의 집행에 관한 각국의 이해관계와 준거법의 해석이 다른 현시점에서 지적재산권의 속지주의를 뛰어넘어 외국법원의 판결을 국제적으로 집행하는 것은 다소 어려움이 있어 보이나 국제적인 집행가능성의 열쇠를 제시하는 헤이그 협약과 장래의 국제조약에 그 기대를 걸어볼 수 있겠다.

• Journal of Food Hygiene and Safety
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• v.23 no.2
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• pp.98-107
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• 2008

The ozone has the oxidizing power which is powerful the fluorine and the antimicrobial spectrum of wide scope. Researches were carried out to use the merits that ozone has in various fields including the food industry, and many studies are also conducted nowadays for more efficient use of ozone. The ozone was permitted legally as a food additive and was practically used in the United States, Australia, Japanese etc. In November 2007, ozone water was permitted as a food additive in Korea and the interest in the use of ozone water has been on the rise in the Korea's food industry. As a olisinfectant method, ozone has many advantages. The maintenance and management expenses of ozone are lower than the installation cost at early stages and no by-products are generated after use it compared to others. Recently the demand of ozone as a olisinfectant method is increasing drastically. Although ozone water is popularly used to sterilize raw foods like fruits, vegetables and meats, the cases are still limited and were verified by the survey results. However, the use of ozone water is gradually being increased and is focused on food services. Ozone water refers to a state where ozone is dissolved into water to more conveniently use ozone. Accordingly, ozone water should be managed in regards with the amount and time of water-dissolved ozone, and the control of discharged ozone concentration is required for safe use of ozone water. The items to control mentioned above are directly related to the performance of the devices, and therefore, it is required to newly establish the performance criteria of ozone water manufacturing devices.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.30 no.3
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• pp.334-339
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• 1985

A sweet corn hybrid, Honey Bantam, was planted on 24 May, 1984 in a silty clay loam soil to investigate the effects of polyethylene(P.E.) mulch and different levels and placements of Nitrogen(N) on soil properties and sweet corn growth. A split-split plot design with three replications was employed; P.E. mulch and bare soil were main plot, N levele of 8, 12, 16, and 20 kg/10a were subplot, and band and broadcast of fertilizers were sub-subplots. At early growth stage soil temperature under P.E. mulch was higher than that in bare soil by 5-10$^{\circ}C$, but the differences decreased as plant growth advanced. Soil hardness increased with soil depth while P.E. mulch reduced soil hardness probably by holding high soil moisture. Soil pH decreased up to the 6th week after planting and then increased in bare soil, but it contineously decreased up to the 8th weeks under P.E. mulch regardless N levels and placements. Electrical conductivity(EC) of soil increased up to the 6th weeks after planting and then decreased in all treatments except broadcast of fertilizers under P.E. mulch where EC increased contineously. Generally, soil EC under P.E. mulch was higher than that in broadcast. Broadcast of fertilizers did not affect emergence of seedlings in all N levels under P.E. mulch and bare soil, but band of fertilizers at all N levels under P.E. mulch and higher levels of N in bare soil reduced emergence rate significantly. Percent stand was possitively correlated with soil EC and it strongly influenced the number of marketable ears. Plant growth was enhanced and silking date was earlier by 14-19 days under P.E. mulch compared to bare soil probably due to increased soil moisture, reduced soil hardness and higher soil temperature.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.13 no.2
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• pp.177-192
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• 2018

The mission of the university is to grow young people who will be responsible for the next generation nation to mature society. In particular, the role of universities in the 4th Industrial Revolution era is to foster creative talents. Therefore, innovative changes are required for existing infusion education and employment-oriented college education contents and teaching methodology. In the high youth unemployment rate, entrepreneurship education is spreading to universities to innovate existing organizations and create new jobs. Until now, however, the effects of university entrepreneurship education have been studied mainly in the field of start-up. Therefore, it is very difficult to study various effects on entrepreneurship education. In this study, empirical analysis of the effect of entrepreneurship training on career preparation behaviors of university students who are about to enter the society is verified. The sample of this study was surveyed from August, 2016, and the questionnaire was applied to 393 university students who selected 5 universities and entrepreneurship education. As a result of the analysis, the ability of communicative communication and creative problem solving cultivated through entrepreneurship education had a positive effect on entrepreneurship and self - efficacy, Entrepreneurship and self - efficacy had a positive (+) positive effect on career preparation behavior. However, cooperative communication ability, creative problem solving ability, and effective work behavior ability by entrepreneurship education were not directly related to career preparation behavior. On the other hand, in verifying the mediating effect of entrepreneurship and self - efficacy, it proved that mediating role of positive communication between collaborative communication ability, creative problem solving ability and career preparation behavior. The implications of this study are as follows This study examines the effects of university entrepreneurship education on career preparedness behaviors.In other words, the university proved the direct effect and the mediating effect that affects positively (+) effect on career preparation behaviors by encouraging entrepreneurship and self - efficacy, rather than quantitative extension based on competency. Also, the implication of the parameters (entrepreneurship, self - efficacy) as a key variable for the effect and performance of career preparation behavior was derived.It also suggests that it is necessary to improve the creativity ability of entrepreneurship education so that it can have a direct and meaningful influence on career preparation behavior. First of all, it is urgent to develop a qualitative evaluation index for entrepreneurship education in order to measure these effects. Therefore, further study is required to verify the various implications for future entrepreneurship education, as well as the implications that entrepreneurship education is indispensable for the preparation of university students' careers.

• Korean Journal of Ecology and Environment
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• v.40 no.2
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• pp.285-293
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• 2007

The study was to determine zonal characteristics of nutrients and chlorophyll and evaluate their trophic relations in Daechung Reservoir. For this study, we compared longterm water quality data among three zones along with trophic state using 1993 to 2002 dataset, obtained from the Ministry of Environment, Korea. Total phosphorous (TP), Secchi depth (SD) and chlorophyll (CHL) showed typical longitudinal declines from the riverine to lacustrine zone, but total nitrogen (TN) was not evident. Largest seasonal variations in TP and CHL occurred during the summer monsoon from July to August. In the reservoir, ambient TN averaged 1.67 mg $L^{-1}$ and ratios of TN : TP averaged 88.04, indicating that nitrogen is not likely limited but phosphorus limitation was evident. Trophic State Index (TSI), based on CHL, TP, and SD, varied depending on the zones and seasons. Mean TSI (TP) in the riverine zone was 62 during the monsoon, indicating a hypertrophic condition, whereas the mean was 40 in the lacustrine, indicating a nearly oligotrophic. Values of TSI (CHL) showed maximum in the transition zone during the monsoon. The deviation analysis of TSI showed that about 65% of TSI (CHL)-TSI (TP) and TSI (CHL)-TSI (SD) values were less than zero and the lowest values were -42, indicating an effect of inorganic turbidity on algal growth in the reservoir. Correlation analysis of CHL vs. SD shewed greater correlation coefficient (p<0.001, r=-0.47) in the transition than other two zones (p<0.001, $r{\leq}-0.40$). Correlation analysis of TP vs. CHL was greatest in the lacustrine and TP was minimum in the lacustrine zone, indicating a lowest yield of algal biomass in the lacustrine. Overall data suggests that zonal response of chlorophyll yield at a given nutrient unit is clearly differed among the longitudinal gradients, so the management strategy such as cross sectional modelling should be provided in each zone.

• Journal of Food Hygiene and Safety
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• v.16 no.4
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• pp.308-314
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• 2001

This study was conducted to determine the content of heavy metals in canned foods and soft drinks available on the Korean markets. Trace metals (Pb, Cr, Cd, and Sn) were detected in 24 kinds, 120 samples by Atomic Absorption Spectrophotometer. The average concentration of heavy metals in canned foods was in the order of Sn (6.930 ppm)>Cr (0.050 ppm)>Pb (0.030 ppm)>Cd (0.008 ppm), which was the same order in soft drinks as Sn (3.519 ppm)>Cr (0.080 ppm)>Pb (0.024 ppm)>Cd (0.001 ppm). The total contents of heavy metals in canned fruits and fruit juices were relatively higher than those in cans and drinks made of vegetable and fish. It can be supposed that the high acidity owing to the organic acid of fruit itself promotes to extract metals from can materials, and although fish usually contains more heavy metals than vegetables, canned fish revealed low level because internal organs and most of skin which had more heavy metals than meat were removed throughout canning process. Because processed foods such as canned foods and soft drinks are very popular with the children and adolescence according to the change of life style and eating habit, and the possibility of exposure to heavy metals by the habitual intake of these is increasing simultaneously, it is suggested that more practical study about the process of exposure and the amount in each step is needed fur the assessment of safety.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.18 no.1
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• pp.1-12
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• 2013

Acoustic backscatter profiles were measured by Eco-sounder along an east-west section in the mid-eastern Yellow Sea and at an anchoring station in the low salinity region off the Keum River estuary in September 2012, with observing physical water property structure by CTD. Tidal front was established around the sand ridge developed in 50 m depth region. Internal waves measured by Eco-sounder during low tide period in the eastern side of the sand ridge were nonlinear depression waves with wave height of 15 m and mean wavelength of 500 m. These waves were interpreted into tidal internal waves that were produced by tidal current flowing over the sand ridge to the southeast. When weakly non-linear soliton model was applied, propagation speed and period of these internal depression wave were 50 m/s and 16~18 min. Red tides by Dinoflagelates Cochlodinium were observed in the sea surface where strong acoustic scattering layer was raised up to 7 m. Hourly CTD profiles taken at the anchoring station off the Keum River estuary showed the halocline depth change by tidal current and land-sea breeze. When tidal current flowed strongly to the northeast during flood period and land-breeze of 7 m/s blew to the west, the halocline was temporally raised up as much as 2 m and acoustic profile images showed a complex structure in the surface layer within 5-m depth: in tens of seconds the declined acoustic structure of strong and weak scattering signals alternatively appeared with entrainment and intrusion shape. These acoustic profile structures in the surface mixed layer were observed for the first time in the coastal sea of the mid-eastern Yellow Sea. The acoustic profile images and turbidity data suggest that relatively transparent low-layer water be intruded or entrained into the turbid upper-layer water by vertical shear between flood current and land breeze-induced surface current.

• Journal of agricultural medicine and community health
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• v.35 no.3
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• pp.287-300
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• 2010

Objectives: We identified factors associated with any participation and with "good participation" (as assessed by frequency of attendance) in health promotion programs at a public health center in Korea. Methods: The subjects included 199 women who attended a baseline examination of health promotion programs during the first half of 2009. We collected data by structured interviews and physical examinations. Participation status was quantified by the frequency of attendance to the program. We classified the subjects as non-participants (0) and participants (1+ times), and as poor participants (0-29 times) and good participants (30+ times). Results: Of the 199 subjects, there were 57 (28.6%) non-participants, while 56 (28.1%) were classified as good participants. The factors that significantly affected participation status, as identified by univariate analysis, were personal factors (age, educational level, marital status, religion, living with someone, monthly income), environmental factors (method of access, accessibility of other facilities), body mass index, hypertension, perceived barriers to health, emotional salience, affectionate domain of social support, and depression. Multiple logistic regression analyses indicated that method of access was the most significant factor affecting participation in the health promotion program, and that the factors most highly associated with good participation were emotional salience, hypertension and body mass index. Conclusions: Our findings suggest that specific factors determine and enhance participation in health promotion programs offered by public health centers. These factors should be considered during the design and evaluation of health promotion programs that are offered by public health centers.

• Journal of agricultural medicine and community health
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• v.35 no.1
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• pp.56-66
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• 2010

Objectives: The study aimed to explore dental status and denture satisfaction in some rural elderly people. Methods: A total of 546 participants aged over 65 years was surveyed cross-sectionally. The subjects were surveyed with regard to their denture satisfaction by a structured questionnaire. The Wilcoxon or Kruskal-Wallis test was used for analysis. Results: As for respondents' satisfaction for dentures by the Likert scale of 5 score, aesthetic satisfaction (3.73) was highest, followed by general satisfaction (3.56) and masticatory functions satisfaction (3.45). In addition, the educational level, occupation, monthly income, the number of remaining teeth, use of denture variables have statistically significant difference in the denture satisfaction of those elderly people interviewed. Conclusions: The results showed that denture satisfaction in some rural elderly people was different in each categories. Consequently, providing tailor-made oral health education programs for the effective denture management of the elderly people should be needed in order to improve the quality of life of the aged.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.30 no.4
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• pp.550-555
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• 1997

Vibrio cholerae non-O1 (V. cholerae non-O1) was previously called nonagglutinable or noncholera vibrios, since it fails to react with polyvalent O1 antisera. This organism is biochemically and genetically indistinguishable from V. cholerae O1 except serological difference. V. cholerae non-O1 strains are often detected in the environment including bays, estuaries, and fresh water, and also found in food. Therefore it is designated food borne bacterium in Japan. However, research papers on V. cholerae non-O1 are very rare in Korea. In order to investigate bacteriological characteristics of V. cholerae non-O1, we isolated V. cholerae non-O1 from the environmental sea water. Among the isolated V. cholerae non-O1 strains, we selected the strain which had the most strong hemolytic activity, named as V. cholerae non-O1 FM-3. The optimum growth conditions of V. cholerae non-O1 FM-3 were $37^{\circ}C$ and pH 8.5 in BHI broth (containing $0.5\%$ sodium chloride), and it grew better than V. cholerae non-O1 ATCC 25872. But both were not able to grow in BHI broth added $5.0\%$ of sodium chloride or adjusted to pH 5.0. According to the experimental results on the susceptibility test against various antibiotics, there were no significant differences between the isolated strain and reference strain (V. cholerae non-O1 ATCC 25872). Most of the antibiotics examined had bacteriostatic action against V. cholerae non-O1 FM-3 while vancomycin, oxacillin, colistin, polymyxin B, and sulfadiazine had no bacteriostatic activity.