• Journal of Korea Port Economic Association
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• v.24 no.2
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• pp.43-69
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• 2008

The labor contract Law has been prepared as an important solution for social stability. After long disputes around the orientations of the law, On June 29, 2007, the new Chinese labor contract law is passed. This law reflects the changing labor relations because of economic reforms like restructuring of the state-owned enterprises and so on. This law contains more market-oriented clauses that are supplemented by corporatist scheme supported by trade unions than the first draft. This law emphasize labor's rights and interests to remove prior labor contract problem. So Chines government see this law as standard law to restructure social relationship and also require firms to corporate social responsibility. Therefore, implementation of the new Chinese labor contract law bring about increasing labor cost, infringement of autonomy for human resource management, rigidity of industrial relations. Under these situation, Korean shipping and port logistics companies need to introduce management system of minimized employment, prepare human resource management in response to long-term employment, maintain favor relationship with trade union, and set up counteiplan about risk of a labor dispute.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

• The Journal of the Korea Contents Association
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• v.12 no.10
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• pp.159-168
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• 2012

Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

• Journal of Intelligence and Information Systems
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• v.17 no.2
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• pp.97-107
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• 2011

Nowadays there are a lot of issues about copyright infringement in the Internet world because the digital content on the network can be copied and delivered easily. Indeed the copied version has same quality with the original one. So, copyright owners and content provider want a powerful solution to protect their content. The popular one of the solutions was DRM (digital rights management) that is based on encryption technology and rights control. However, DRM-free service was launched after Steve Jobs who is CEO of Apple proposed a new music service paradigm without DRM, and the DRM is disappeared at the online music market. Even though the online music service decided to not equip the DRM solution, copyright owners and content providers are still searching a solution to protect their content. A solution to replace the DRM technology is digital audio watermarking technology which can embed copyright information into the music. In this paper, the author proposed a new audio watermarking algorithm with two approaches. First, the watermark information is generated by two dimensional barcode which has error correction code. So, the information can be recovered by itself if the errors fall into the range of the error tolerance. The other one is to use chirp sequence of CDMA (code division multiple access). These make the algorithm robust to the several malicious attacks. There are many 2D barcodes. Especially, QR code which is one of the matrix barcodes can express the information and the expression is freer than that of the other matrix barcodes. QR code has the square patterns with double at the three corners and these indicate the boundary of the symbol. This feature of the QR code is proper to express the watermark information. That is, because the QR code is 2D barcodes, nonlinear code and matrix code, it can be modulated to the spread spectrum and can be used for the watermarking algorithm. The proposed algorithm assigns the different spread spectrum sequences to the individual users respectively. In the case that the assigned code sequences are orthogonal, we can identify the watermark information of the individual user from an audio content. The algorithm used the Walsh code as an orthogonal code. The watermark information is rearranged to the 1D sequence from 2D barcode and modulated by the Walsh code. The modulated watermark information is embedded into the DCT (discrete cosine transform) domain of the original audio content. For the performance evaluation, I used 3 audio samples, "Amazing Grace", "Oh! Carol" and "Take me home country roads", The attacks for the robustness test were MP3 compression, echo attack, and sub woofer boost. The MP3 compression was performed by a tool of Cool Edit Pro 2.0. The specification of MP3 was CBR(Constant Bit Rate) 128kbps, 44,100Hz, and stereo. The echo attack had the echo with initial volume 70%, decay 75%, and delay 100msec. The sub woofer boost attack was a modification attack of low frequency part in the Fourier coefficients. The test results showed the proposed algorithm is robust to the attacks. In the MP3 attack, the strength of the watermark information is not affected, and then the watermark can be detected from all of the sample audios. In the sub woofer boost attack, the watermark was detected when the strength is 0.3. Also, in the case of echo attack, the watermark can be identified if the strength is greater and equal than 0.5.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.7 no.3
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• pp.45-53
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• 2012

This study is about the impact of a technology-based start-ups' patent-related activities on early stage company performance. Technology-based start-ups are closely related to the intellectual property rights, particularly patents that they aim the pursuit of new products or production methods and pioneer the introduction of market based on innovative technology, and that is a key role in such companies established and operating, hence the research of patent-related activities in technology-based start-ups has important implications. In most previous studies, the impact of the company's patent related activities on the performance of corporate management is determined by using quantitative patent indicators. Therefore, through this study, causal relationships leading to business performance through the development of new products, which includes technology performance and product performance, and the patent-related activities including the company's patented technology support activities, creating the right activities, infringement response activities, base activities validated as follows. First, the patent-related activities have a positive impact on technological and products achievements. In other words, the various activities involved in the acquisition and utilization of the patent have a positive impact on the performance of company's new product development, particularly developing new technologies or patent acquisition rate. Second, the technology have a positive impact on the performance of the products, not on the business performance. However, the empirical results shows that it has indirectly impacts on business performance through the product performance. Third, product performance have a positive impact on business performance. In conclusion, patent-related activities affects the performance of the company's management, and the maintenance of the company's business performance depends on the developing and selling product based on the customers needs, besides the technology performance such as the patents and the development of technology.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.7 no.6
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• pp.1319-1336
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• 2006

The successive round of talks oil Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, tile one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as understand the current Korea's patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.