• Title/Summary/Keyword: Illegal Violation

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The U. S. Antitrust Law on the Exclusion of Medical Staff Privilege and its Implication (참여의 특권 배제에 관한 미국 독점금지법 법리와 그 시사점)

  • Jeong, Jae-Hun
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.295-316
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    • 2011
  • If the medical staff privileges, which mean the eligibility to practice at open hospitals, are excluded in the United States, antitrust claims based on the violation of the Sherman Act have been raised a lot. The proliferation of these lawsuits in the United States, which are characterized as antitrust lawsuits, can be understandable situation. The reason is because doctors who don't belong to specific hospitals are seriously damaged, if the medical staff privileges are excluded and doctors cannot use facilities of open hospitals. In order to decide to allow the privileges of certain doctors, hospitals have to rely on peer review to maintain high quality of medical services, and it is not easy to find alternative of peer review in the professional areas like healthcare. However, there are possibilities that members of the peer review can abuse power to unfairly exclude privileges of potential competitors. In this sense, it is asserted in the U.S. antitrust lawsuits that the restraint of medical staff privilege can be the illegal restraint of trade in violation of section 1 of Sherman Act and can be monopolization or an attempt to monopoly by hospitals in violation of section 2 of Sherman Act. As Korea adopted open hospital system quite recently, there is still no case related with the exclusion of medical staff privileges. However, medical staff privilege system of Korea is not different from that of the United States in principle. Thus, the U.S. jurisprudence on the exclusion of medical staff privileges can be referred in the interpretation of "practice that interferes with or restricts the activities or contents of the business" based on Article 19.1.9 of Monopoly Regulation and Fair Trade Law of Korea.

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Design and analysis of monitoring system for illegal overseas direct purchase based on C2C (C2C에 기반으로 해외직구 불법거래에 관한 모니터링 시스템 설계 및 분석)

  • Shin, Yong-Hun;Kim, Jeong-Ho
    • Journal of Digital Convergence
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    • v.20 no.5
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    • pp.609-615
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    • 2022
  • In this paper, we propose a monitoring system for illegal overseas direct purchase based on C2C transaction between individuals. The Customs Act stipulates that direct purchases from overseas are exempted from taxation only if they are less than a certain amount (US$150, but US$200 in the US) or are recognized as self-used goods. The act of reselling overseas direct purchase items purchased with exemption from taxation online, etc., is a crime of smuggling without a report. Nevertheless, the number of re-sells on online second-hand websites is increasing, and it is becoming a controversial social issue of continuous violation of the Customs Act. Therefore, this study collects unspecified transaction details related to overseas direct purchase, refines the data in a big data method, and designs it as a monitoring system through natural language processing, etc. analyzed. It will be possible to use it to crack down on illegal transactions of overseas direct purchase goods.

A Study on the Risks Excluded of Marine Insurance Claims (해상보험 클레임의 면책위험에 관한 고찰)

  • Jung Sung-Hoon;Choi Hyuk-Jun
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.125-162
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    • 2005
  • This paper examined excluded risks of insurer in marine insurance generally, and found out the existing studies on the excluded risks, which were accomplished partially and fragmentarily, to conduct a comparative analysis of marine insurance based on the general flow of claim adjustment. It arranges the existing studies to settle a dispute between the parties -insurer and assurer- and studies the excluded risk based on risk change of the insured by analyzing characteristic and class of security violation, and meaning, form, effect of risk change. it inquires into and analysis cases of the Korean Supreme Court related to the exclusion and illegal act of marine insurance to compare marine theorists' opinion with commercial law.

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The Effect of Regulation on Illegal Fishing with Analysis of Catch in EEZ (어획량 분석을 통한 배타적 경제수역(EEZ) 불법어업 단속 효과)

  • Jang, Duck-Jong;Choe, Meong-Sool
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.185-193
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    • 2006
  • This research reviews the change of fishery environment, the change of fishery production affected by agreement execution and the situation of agreement violation after the execution cf fisheries agreements between Korea and China and between Korea and Japan to understand the achievement of fishery management of EEZ after the fishery agreements. It will focus on EEZ fishing banks between Korea and China and between Korea and Japan.

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A Study on Extraction and Comparison of Digital Content Key Frame in UCC Service Environment

  • Jang, Eun-Gyeom
    • Journal of Korea Multimedia Society
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    • v.14 no.8
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    • pp.1020-1028
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    • 2011
  • In this paper, we proposed a mechanism that prevents indiscreet use of digital contents, verifies created content's copyrights to provide services to granted user and protects digital contents by law by authenticating the original digital content whenever an infringement of copyright occurs in UCC environments. The proposed mechanism uses specific information and features of contents as copyrights authentication information without additional information. Also, provides the fact of violation by inferring the modification of the original digital contents. That means this mechanism infers same or similar value from the contents; fraudulent use of content, modification of content color, modification of content format, modification of content resolution and illegal use of frame not principal key frame. In that point, we found that the inferred value from the content differed according to features of content modification.

Segmentation and Recognition of Korean Vehicle License Plate Characters Based on the Global Threshold Method and the Cross-Correlation Matching Algorithm

  • Sarker, Md. Mostafa Kamal;Song, Moon Kyou
    • Journal of Information Processing Systems
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    • v.12 no.4
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    • pp.661-680
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    • 2016
  • The vehicle license plate recognition (VLPR) system analyzes and monitors the speed of vehicles, theft of vehicles, the violation of traffic rules, illegal parking, etc., on the motorway. The VLPR consists of three major parts: license plate detection (LPD), license plate character segmentation (LPCS), and license plate character recognition (LPCR). This paper presents an efficient method for the LPCS and LPCR of Korean vehicle license plates (LPs). LP tilt adjustment is a very important process in LPCS. Radon transformation is used to correct the tilt adjustment of LP. The global threshold segmentation method is used for segmented LP characters from two different types of Korean LPs, which are a single row LP (SRLP) and double row LP (DRLP). The cross-correlation matching method is used for LPCR. Our experimental results show that the proposed methods for LPCS and LPCR can be easily implemented, and they achieved 99.35% and 99.85% segmentation and recognition accuracy rates, respectively for Korean LPs.

Lane Detection for Parking Violation Assessments

  • Kim, A-Ram;Rhee, Sang-Yong;Jang, Hyeon-Woong
    • International Journal of Fuzzy Logic and Intelligent Systems
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    • v.16 no.1
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    • pp.13-20
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    • 2016
  • In this study, we propose a method to regulate parking violations using computer vision technology. A still color image of the parked vehicle under question is obtained by a camera mounted on enforcement vehicles. The acquired image is preprocessed through a morphological algorithm and binarized. The vehicle's shadows are detected from the binarized image, and lanes are identified using the information from the yellow parking lines that are drawn on the load. Whether parking is illegal is determined by the conformity of the lanes and the vehicle's shadow.

Review of 2010 Major Medical Decisions (2010년 주요 의료 판결 분석)

  • Lee, Jung-Sun;Seo, Young-Hyun;Yoo, Hyun-Jung
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.177-225
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    • 2011
  • Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

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Comparative analysis of Traffic Accidents Characteristics using Various Types of Industrial Complexes (산업단지 유형에 따른 교통사고 특성 비교 분석)

  • Lee, Yuhwa;Jung, Byoung-Cheol
    • International Journal of Highway Engineering
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    • v.19 no.6
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    • pp.201-212
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    • 2017
  • PURPOSES : The objective of this study is to identify the characteristics affecting traffic accidents that have occurred in 564 industrial complexes nationwide from 2011 to 2015. METHODS : The traffic accidents were specified using various factors such as industrial complex type (national VS. general), industrial complex degradation (old VS. non-old), location of complex (capital VS. non-capital), and traffic law violation (speeding, signal violation, and median invasion). The average number of crashes and accident ratio (fatal, severe, and both) in terms of characteristics of industrial complexes were calculated. With a sample of crashes of the industrial complexes for 5 years, statistical significances were tested to analyze and compare the differences based on industrial complex and traffic law characteristics using parametric and non-parametric methods. RESULTS : From statistical results, it is observed that the crash frequency occurring in old industrial complexes is three times higher than that in non-old industrial complexes. Old industrial complexes located in a capital area, old national industrial complexes, and old general industrial complexes are considerably related to higher crash frequency, but the fatal accident ratio appeared to have no statistical difference across industrial complex characteristics. Severe crashes are more likely to occur in non-old industrial complexes on an average. CONCLUSIONS : It is necessary to eliminate potential threats to roads and traffic in the same manner as illegal parking in industrial complexes through the restoration of old industrial complexes. To improve the efficiency of road infrastructure, efforts should be made to improve traffic safety in accordance with industrial characteristics such as planning and operation of relevant local government programs.

Improvement of AACS Security Framework with Access Control to Personal Contents (개인 콘텐츠 접근제어 기능을 갖는 개선된 AACS 보안 Framework)

  • Kim, Dae-Youb
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.18 no.4
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    • pp.167-174
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    • 2008
  • As both a digital camera and a digital camcorder are popularized in recent years, UCC created by general users is also popularized. Unfortunately, according to that, the lack of privacy is also increasing more and more. The UCC is saved on the recordable media(Media) like DVD and deposited personally as well as distributed through Internet portal service. If you use Internet portal service to put up your contents, you can partially prevent the violation of privacy using security technologies such as authentication and illegal copy protection offered by internet portal service providers. Media also has technologies to control illegal copy. However, it is difficult to protect your privacy if your Media having personal contents is stolen or lost. Therefore, it is necessary to develope an additional security mechanism to guarantee privacy protection when you use Media. In this paper, we describe AACS framework for Media Security and propose improved AACS framework to control the access to personal contents saved on Media.