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A Study of the Legal Principles of the Obligation to Compensate for Damage by Unfair Labeling and Advertising Focusing on the Qualitative Analyses of Supreme Court Precedents (부당한 표시·광고의 손해 배상 책임의 법리에 관한 연구: 대법원 판례에 대한 질적 내용 분석)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.180-185
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    • 2018
  • The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

An Analysis on Incident Cases of Dynamic Positioning Vessels (Dynamic Positioning 선박들의 사고사례 분석)

  • Chae, Chong-Ju;Jung, Yun-Chul
    • Journal of Navigation and Port Research
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    • v.39 no.3
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    • pp.149-156
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    • 2015
  • The Dynamic Positioning System consists of 7 elements which are namely Power system, Human machine interface, DP Computer, Position Reference System(PRS), Sensors, Thruster system and DP Operator. Incidents like loss of position(LOP) on DP vessel usually occur due to errors in these 7 elements. The purpose of this study is to find out safety operation method of DP vessel through qualitative and quantitative analyze of DP LOP incidents which are submitted to IMCA every year. The 612 DP LOP incidents submitted from 2001 to 2010 were analyzed to find out the main cause of the incidents and its rate among other causes. Consequently, the highest rate of incidents involving DP elements are PRS errors. DP computer, Power system, Human error and thruster system came next. The PRS has been analyzed and a flowchart was drawn through expert brainstorming. Also, the conditional probability has been analyzed through Bayesian Networks based on this flowchart. Consequentially, the main causes of drive off incidents were DGPS, microwave radar and HPR. Also, this study identified the main causes of DGPS errors through Bayesian Networks. These causes are signal blocked, electric components failure, relative mode error, signal weak or fail.

A Study on Present State of Preservation of Excavated Remains in Chungcheongnam-do and Preservation Methods (충청남도 발굴유구 보존현황 및 보존방안 연구)

  • Wi, Koang-Chul;Oh, Seung-Jun;Jung, Je-Won
    • Journal of Conservation Science
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    • v.33 no.6
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    • pp.541-552
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    • 2017
  • All excavated "buried cultural properties" are supervised by the Cultural Heritage Administration that decides whether to conserve them or not, depending on the necessity for conservation. Currently, there is no legal regulation concerning the administration of relics (including artifacts) and remains (including archaeological sites) that are relocated and restored based on such conservation decisions. Thus, administration of these cultural properties is inadequate. Under these circumstances, this paper recommends the current state of conservation and conservation methods for buried cultural properties excavated at Chungcheongnam-do thus far. Conservation of buried cultural properties excavated at Chungcheongnam-do primarily employ the "relocating and restoration" method; 23 relics and 46 remains employed relocation after dismantling and soil layer transcription method. Moreover, 27 remains were relocated after dismantling and 14 remains employed the transcription method. In terms of area, Buyeo-gun and Gongju-si had 12 relics accounting for about 50%, while according to the period, Baekjae period had 16 relics, accounting for about 70%. In terms of conservation facility, open-air facility had 33 relics, accounting for about 72%. Results of investigating the state of relics' management indicated that public institutions like a museum with a recognizable management system had their own work force and consequently ensured excellent conservation, whereas if there were no apparent responsible bodies, remains were subjected to considerable damage due to mismanagement. Therefore, this problem can be resolved by identifying a recognizable management body as well as ensuring periodical management and supervision. The excavated buried cultural properties are utilized not only for academic purposes, but also for PR or as exhibition material. Hence, this study confirms that meticulous management of buried cultural properties is currently required.

The Changes of Quality of Life in Cancer Patients Treated with Chemotherapy (화학치료를 받는 암 환자 '삶의 질'의 변화에 관한 연구)

  • Kim, Byung-Soo;Choi, In-Keun;Park, Kyeung-Hwa;Yoon, So-Young;Oh, Sang-Chul;Seo, Jae-Hong;Choi, Chul-Won;Shin, Sang-Won;Kim, Yeul-Hong;Kim, Jun-Suk
    • Journal of Hospice and Palliative Care
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    • v.4 no.2
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    • pp.130-136
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    • 2001
  • Purpose : It is very important to endow the cancer patients underwent chemotherapy with satisfactory quality of life (QOL). However, little is known about the factors influencing QOL during chemotherapy. Therefore, we designed this study to find out the factors influencing QOL in the cancer patients who underwent chemotherapy. Methods : Ninety-seven cancer patients were studied, prospectively. The patients' characteristics were as follows; median age(range): 48(19{\sim}83) years, male:female; 57:40, PS:0,1/2,3;55/42 patients, diagnosis(number): lymphoma (28), lung cancer (22), gastrointestinal cancer (18), sarcoma (12), breast cancer (12), gynecological cancer (5), Stage: I,II/III.IV;37/60 patients. We used EORTC QLQ-C30 questionnaires to evaluate QOL. EORTC QLQ-C30 scores were performed before the onset of chemotherapy and after the end of 3 cycles of chemotherapy. The correlation of these scores with performance status (PS), diagnosis, disease stage, response to chemotherapy, and regimen related toxicity was evaluated. Results : The responder group (CR, PR) demonstrated marked improvement of social functional and emotional scales to non-responder group (SD,PD) (P=0.024, 0.045). Non-hematologic regimen related toxicity such as mucositis, nausea and vomiting was significantly correlated with pain scale change (P=0.043). Other factors had no notable correlation with QOL changes. Conclusion : Our preliminary study results may suggest as follows. The response to chemotherapy is associated with the change of social functional and emotional scales and the severity of non-hematologic regimen related toxicity is associated with pain scale change.

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A Study of the Effects and Regulations of Comparative Advertising: Focusing on the Definition and Application of Unfairly Comparative Advertising (비교 광고의 효과와 규제에 대한 연구: '부당한 비교'의 정의와 적용을 중심으로)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.3
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    • pp.270-276
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    • 2017
  • Previous studies of the effects of comparative advertising did not consider that comparative advertising should satisfy its legal conditions otherwise it would be unfairly comparative advertising. In this context, this study reviewed the current legal definition of 'unfairly comparative advertising' to clarify it by the definition of unfairly comparative advertising of the Guideline of Judgement of Comparative Labeling or Advertising based on the Act on Fair Labeling and Advertising. In addition, this study confirmed that comparative advertising was banned by the Monopoly Regulation and Fair Trade Act, which was the previous act on unfair labeling or advertising, and identified differences between the two Acts in regulating unfairly comparative advertising. This study analyzed 354 adjudication cases of unfairly comparative advertising based on the regulation of Monopoly Regulation and Fair Trade Act. As a result, the definitions of the two Acts of unfairly comparative advertising were found to correspond to each other. These results suggest empirically that comparative advertising was not banned legally in the past and the definition and judgement standards of unfairly comparative advertising have not been changed.

Antibacterial Activities of Flower Tea Extracts against Oral Bacteria (꽃차용 꽃 추출물의 구강위생균에 대한 항균특성)

  • Han, Young-Sook;Kang, So-Jin;Pack, Se-A;Lee, Sun-Suk;Song, Hee-Ja
    • Korean journal of food and cookery science
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    • v.27 no.3
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    • pp.21-28
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    • 2011
  • In this study, we analyzed flower tea activity against oral bacteria. Lagerstroemia indica, Paeonia suffruticosa and Hemerocallis fulva showed high extract yields. Bellis perennis, Punica granatum and Cercis chinensis showed the high rates of yield by ethanol extraction. Extract yield seemed to be related to the characteristics of the specimens rather than to the solvent. Streptococcus mutans, Streptococcus obrinus, Porphyromonas gingivalis and Prevotella intermedia were used to investigate extracts activity against bacteria; the former two cause dental caries and the latter two cause halitosis. Cornus officinalis, L. indica, P. granatum and P.s uffruticosa showed high antibacterial activities against S. mutans. In specimens extracted with ethanol, P. suffruticosa, Camellia sinensis, Camellia japonica L. and Rosa hybrida showed high antibacterial activities. L. indica, P. granatum and C. officinalis showed high antibacterial activities against S. sobrinus. C. officinalis, P. granatum, L. indica and P. suffruticosa showed high activities for specimens extracted with ethanol. The results show that the warm extracts of C. officinalis, L. indica and P. granatum may be effective to prevent dental caries. In particular, the ethanol-based extracts of C. officinalis, P. suffruticosa and C. sinensis were effective to prevent dental caries and thus may be highly marketable. Chrysanthemum zawadskii, R. hybrida, P. granatum, C. japonica L. and Zinnia elegans showed high antibacterial activity against P.gingivalis. R. hybrida showed the highest ethanol extract activity, followed by P. suffruticosa, P. granatum, C. japonica L. and L. indica. R. hybrida, P. granatum, C. morifolium and C. japonica showed high activity against Pr.intermedia in the order named. C. zawadskii, P. granatum, L. indica, C. japonica and A. princeps showed high ethanol extract activity. Thus, the warm extracts of R. hybrida, P. granatum and C. japonica may be helpful to reduce halitosis. In addition, the ethanol-based extracts of P. granatum, C. japonica and L. indica are expected to be highly marketable as mouthwashes.

A Study on the Current Status and Improvement of Advertising on the Copyright Infringement Websites (저작권 침해 웹사이트 내 광고 현황과 개선방안에 관한 연구)

  • Hwang, Jang-Sun;Kim, Woon-Han;Ji, Won-Bae
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.3
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    • pp.83-90
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    • 2020
  • Recently, a growing number of copyright infringement websites have illegally copied and posted works such as broadcasting, movies and music, and posted advertisements to make profits. The research is aimed at finding solutions by analyzing the current status of advertisements on copyright infringement websites. The results of this study are as follows. First of all, there are many advertisements harmful to teenagers, such as casinos, betting, games, adult products, and adult meeting, which is necessary to deal with. Secondly, there were many unethical advertisements on copyright infringement websites, but there were also many advertisements from famous companies. Advertisements from large companies and famous brands are also being executed continuously, which can create trust in illegal sites. Therefore, the government, advertisers, citizens, and academia should participate in a campaign to root out the use of illegal websites because it is impossible to eradicate them by crackdown alone. In this paper, we pointed out the practical problems of advertising execution, the main source of revenue for copyright infringement websites, and presented a comprehensive solution.

Realities of a Hospital's web-site' Management and It's Effect on Hospital Management (병원의 홈페이지 관리운영 실태와 병원경영에 미치는 효과)

  • Hwang, Byung-Deog;Im, Bock-Hee;Lee, Young-Hwan
    • The Journal of the Korea Contents Association
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    • v.10 no.3
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    • pp.241-249
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    • 2010
  • The purpose of this study is to provide basic information for marketing strategy for hospitals in Busan Metropolitan area by investigating of the web-site management and effect on hospital management about the web-sites managers. Survey of 53 web-site managers was taken between May 1st and May 25th 2008. The survey was carried out to gather information about characteristics of web-site managers and creating, managing and operating process of web-sites and web-sites' effect and information sharing abilities. The results of survey are as follows. First, most of hospitals' web-sites were launched between 2001 to 2005 via outsourcing. Most of hospitals spent about one to three million won for their web-sites and renew web-sites every year. Most of these web-sites have hospital PR, Q&A, and on-line support functions. Second, most of whom participated in survey have agreed that a hospital web-site has influence in hospital management in various categories such as introducing hospital to medical examination, making doctor's appointment, providing patient guidance, providing medical information, and patient counselling. This study shows that effects of web-sites are closely related to web-site satisfaction level. Therefore, to raise the hospital satisfaction level, it is necessary for hospitals to put more efforts in creating web-site that provides more medical information and improved on-line services.

The electrical properties of PLZT thin films on ITO coated glass with various post-annealing temperature (ITO 기판에 제작된 PLZT 박막의 후열처리 온도에 따른 전기적 특성평가)

  • Cha, Won-Hyo;Youn, Ji-Eon;Hwang, Dong-Hyun;Lee, Chul-Su;Lee, In-Seok;Sona, Young-Guk
    • Journal of the Korean Vacuum Society
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    • v.17 no.1
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    • pp.28-33
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    • 2008
  • Lanthanum modified lead zirconate titanate ($Pb_{1.1}La_{0.08}Zr_{0.65}Ti_{0.35}O_3$) thin films were fabricated on indium doped tin oxide (ITO)-coated glass substrate by R.F magnetron sputtering method. The thin films were deposited at $500^{\circ}C$ and post-annealed with various temperature ($550-750^{\circ}C$) by rapid thermal annealing technique. The structure and morphology of the films were characterized with X-ray diffraction (XRD) and atomic force microscopy (AFM) respectively. The hysteresis loops and fatigue properties of thin films were measured by precision material analyzer. As the annealing temperature was increased, the remnant polarization value was increased from $10.6{\mu}C/cm^2$ to $31.4{\mu}C/cm^2$, and coercive field was reduced from 79.9 kV/cm to 60.9 kV/cm. As a result of polarization endurance analysis, the remnant polarization of PLZT thin films annealed at $700^{\circ}C$ was decreased 15% after $10^9$ switching cycles using 1MHz square wave form at ${\pm}5V$.

Comparison of Seed Germinating Vigor, Early Germination Speed and Germination Peak Time in Perennial Ryegrass Cultivars under Different Germination Conditions (발아환경에 따른 퍼레니얼 라이그래스 품종간 발아력, 기발아속도 및 발아피크기간 비교)

  • Kim, Kyoung-Nam
    • Weed & Turfgrass Science
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    • v.2 no.3
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    • pp.274-282
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    • 2013
  • Research was initiated to investigate early germination and establishment characteristics of perennial ryegrass (PR, Lolium perenne L.). An alternative condition was applied in Experiment I with 8-hr light at $25^{\circ}C$ and 16-hr dark at $15^{\circ}C$ (ISTA condition). Experiment II was conducted under $5^{\circ}C$ to $25^{\circ}C$ (natural condition). Significant differences were observed in germination percentage, germination speed and germination peak time. Seed germinating vigor was 66.00 to 93.75% under ISTA and 66.25 to 93.50% under natural conditions. Germination speed, measured as days to germination of 50% through 90%, was much faster with 'Pennant II', 'Brightstar II', 'Sonata' and 'Accent II' under ISTA conditions. But it was faster only with 'Pennant II' and 'Brightstar II' under natural conditions. Germination peak time ranged 1.48 to 5.65 days under ISTA, while 2.17 to 10.63 days under natural conditions. Regardless of growing conditions, the shortest cultivars in peak time were 'Sonata', 'Pennant II', and 'Brightstar II' and the longest one 'Revenge GLX'. Considering germinating vigor, early germination speed and germination peak time, 'Pennant II', 'Brightstar II', 'Sonata' and 'Accent II' were regarded as excellent cultivars under ISTA conditions, while 'Pennant II' and 'Brightstar II' under natural conditions.