• Title/Summary/Keyword: Legal

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A Study of the Possibility of Legal Protection of Fashion Designs under the Copyright Law - Based on the Review of the Requisites of Works of Authorship and their types - (패션디자인의 저작권법상 보호 가능성에 대한 고찰 - 저작물의 성립요건과 보호대상 저작물의 유형 검토를 중심으로 -)

  • Cho, Kyeong Sook
    • Journal of the Korean Society of Costume
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    • v.64 no.1
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    • pp.123-135
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    • 2014
  • The author has explored whether legal protection of fashion designs is possible under the current Korean Copyright Act with the purpose of promoting the understanding of the legal principles of the copyright law among fashion professionals. It examined the general provisions of the copyright law as well as the requisites for establishment of "works of authorship" and the types of protection stipulated by the copyright law, which are needed to understand the possibilities of legal protection for fashion designs under the law. It then analyzed several leading cases in the fashion designs sector for the interpretation of related legal principles. The Copyright Act defines "works of authorship" for protection as the creative works that express human ideas or emotions. Works to be legally protected under the law include artistic works that are equipped with the prerequisites for establishment of "works of authorship", or fashion designs that are equipped with the prerequisites for establishment of an independent applied artistic works whose originality is distinguishable from articles.

A qualitative research on work scope in dental healthcare hygienists (치과병·의원에 근무하는 치과위생사의 업무 범위에 대한 질적 연구)

  • Moon, Sang-Eun;Hong, Sun-Hwa;Kim, Na-Yeon
    • Journal of Korean society of Dental Hygiene
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    • v.19 no.6
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    • pp.907-918
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    • 2019
  • Objectives: This qualitative research was conducted to clearly find and clinically understand dental hygienists' work experience in order to lay the legal foundation for their work range and safe execution. Methods: From March 1 to April 30, 2019, seven study participants were selected and participated in-depth interviews. Phenomenological research methodology was applied for intensive analysis. Results: They performed jobs that required no professionalism, such as dental assistance, except for scaling. Dental hygienists, nurses' aids, and dental technicians performed the same jobs regardless of difficulty level and legal work range. Dental hygienists failed to accurately recognize their legal work range. Since there was the wide gap between their legal work range and actual work range, it was necessary to expand the work range in line with actual conditions. Conclusions: Given the results, it is necessary to conduct in-depth discussions within the dental circle to make dental hygienists' work execution in line with reality by improving and discussing a legal system for job assignment and expansion of workers. Therefore, it is required to form a plan for the many jobs dental hygienists executed in a clinical setting.

Digital Legal Seal for Message Authentication Code (메시지 인증 코드를 위한 디지털 인감)

  • Jung, ChangHun;Shin, DongOh;Jang, RhongHo;Nyang, DaeHun;Lee, KyungHee;Youm, Heung-Youl
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.2
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    • pp.345-358
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    • 2016
  • In this paper, we present a security tool which called Digital Legal Seal. The Digital Legal Seal scans a barcode on a paper and print it with the tag generated by Hash-based Message Authentication Code(HMAC) in text format on a display device. The result of HMAC can be used for user authentication or secure message transmission on both online and offline. We examine not only how the Digital Legal Seal can make up the weak points of security card and OTP (One Time Password), but also the possibility of reducing the forgery of promissory note on offline.

Some Issues on the Rivision of the 1910 International Salvage Convention and in Particular the Question in Private Law (국제해난구조협약의 개정 및 문제점 -사법적 문제를 중심으로-)

  • 박용섭
    • Journal of the Korean Institute of Navigation
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    • v.9 no.2
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    • pp.65-97
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    • 1985
  • According to the report prepared by Legl Committee of IMO, 1978, since the disaster of motor tanker Amoco Cadiz carrying approximate 220, 000 tons of crude oil was wrecked on the coast of France and damaged the largest oil pollution accident in shipping history, Legal Committee of IMO has studied and discussed a new Salvage Convention with assistance of CMI. CMI has prepared a new draft convention under the chairmanship of professor Erling Chr. Selvig and adopted it as a report of CMI to IMO in the 32 Internaltional Conference of CMI, Montreal, May, 1981. This paper has been written to study comparatively andinterprete the questions and/or considerations of the new draft convention by the delegates participated in the Legal Committee of IMO in particular on the private legal view of it. This Salvage Convention Draft has not yet been deliberated thoroughly to agreed the revisiion of the 1910 Convention in accordance with CMI Report 1981 until session 54, March 1985. Therefore this paper has been prepared in the light of the comments made at the Legal Committee in order to interpret the legal questions and contents of the new draft.

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A Study on Legal Deposit Guidelines for Online Digital Materials (온라인 디지털자료의 납본 가이드라인에 관한 연구)

  • Kwak, Seung-Jin;Kim, Jeong-Taek;Park, Ok-Nam;Choi, Jae-Hwang
    • Journal of the Korean Society for Library and Information Science
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    • v.47 no.3
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    • pp.161-179
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    • 2013
  • The purpose of this study is to suggest elements and guidelines for online digital materials in order to ensure its comprehensive collection, preservation, and access in Korea. For the establishment of elements and guidelines, this study examined appropriate advanced countries' legal deposit Acts, discussed with stakeholders, including experts and copyrighters in related areas, and surveyed library users' opinions. Finally, this study suggests 14 elements and guidelines.

A Study on the Direction of the Formulation of "Safe Country" Laws and Regulations due to the Development of Information Technology (정보사회에 있어서 '안전국가' 법규의 정립방향에 관한 소고)

  • Kim, Hyun-Kyung
    • Journal of Information Technology Services
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    • v.12 no.3
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    • pp.151-163
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    • 2013
  • It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.

A Study on the Problems and Improvement of International Factoring System in China (중국 국제팩토링제도의 문제점과 개선방안에 관한 연구)

  • Park, Se Hun;Lee, Gyu Chang;Seo, Kyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.59
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    • pp.159-178
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    • 2013
  • International factoring is very useful to transfer credit risk, to promote cash flow, to collect debt and to reduce cost and expenses. However, International factoring system in china shows imperfection especially in gap of legal vacuum and its limit to be developed. Here I suggest a practical alternative for development of International factoring system in china as follow. First, legal environment in China for factoring system should be rearranged. Even law and contract law have relative clauses for factoring system there are many difficulty to be applied. It is necessary to prepare legal ground for factoring system. Second, without recourse for International factoring system should be fixed. Without recourse is the essential point for factoring system in international trade. In fact chinese factors are partially applied only for those big global companies. However International factoring system is especially useful for small-medium companies lacked of a good credit rating. It is necessary to promote special factors by combining financial organizations as it does in developed countries. Third, they need to make legal ground to prohibit unlicensed factoring companies. Forth, they need to educate usefulness of factoring system. The settlement system in China is to be developed by systematic researches and promotion for International factoring system.

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Legal Issues Relating to Construction of the Dokdo Ocean Research Station (독도해양과학기지 건설 관련 법적 쟁점에 관한 고찰)

  • Lee, Yong-Hee
    • Ocean and Polar Research
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    • v.32 no.4
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    • pp.427-437
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    • 2010
  • The Korean Government is trying to construct an ocean research station in Dokdo's water. The station would be the third ocean research station following the Ieodo station and the Gageocho station. Although the new station would served as a scientific research base for peaceful and academic purposes, the construction of the station will almost certainly lead to a diplomatic dispute between Japan and Korea in the near future due to the disputed ownership of the island. In light of the diplomatic protests against the construction of the Ieodo station by the Chinese Government, various domestic and international legal issues which could be raised regarding the construction of the Dokdo station need to be reviewed. Therefore, this article reviews the international legal status of the station and the rights and duties pertaining to its construction, investigates the domestic legal grounds relating to the construction and operation of the marine scientific installation, evaluates the international legal impacts of the construction on the expansion of maritime jurisdiction, the effective control on Dokdo and the negotiations on maritime boundary delimitation, and finally draws conclusions on the future activities of the Korean Government for the construction and operation of the Dokdo Ocean Research Station.

A Study on the Civil Liability of Radiological Technologist in Medical Malpractice (의료과오에 대한 방사선사의 민사적 책임에 대한 고찰)

  • Lim, Chang-Seon
    • Journal of radiological science and technology
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    • v.18 no.2
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    • pp.103-117
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    • 1995
  • Recently the suits for medical malpractice are gradually increasing in this country. The main purpose of this study is to excavate the most suitable theories about civil liabilities on medical malpractice by radiological technologist. To solve the above-mentioned problems in medical malpractice, I have proceeded to make a survey of traditional theories and tried to exvacate the most suitable theories for our medical circumstances among those theories. Both domestic and foreign relevant professional literatures and legal cases were investigated in this study. Several important findings of this study are as follows. First, the nature of legal interrelationship between radiological technologist and physician(or the representative of a hospital) is to define the content of employment. But in the eye of medical law, the interrelationship between radiological technologist and physician is written that radiological technologist should be directed by physician. Second, the nature of legal interrlationship between patient and physician(or the representative of a hospital) is to define the content of legal obligation of physician(or the representative of a hospital), and radiological technoligst execute his obligation as proxy for physician. Therefore, patient can not clame any legal right to radiological technologist. Third, radiological technologist has the obligation of Due Care in medical practice. Fourth, on the medical malpractice by radiological technologist the civil liability can be treated as either tortious liability or contractual liability, and physician(or the representative of hospital) take the responsibility for the damage compensation. In this case, physician has the right of indemnity to radiological technologist. But it should be dinied or extremely limited.

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Prevalence of major legal communicable diseases in chicken and ducks in Jeonbuk province (2004~2008) (전북지역에서 2004~2008년에 닭과 오리에서 법정전염병 발생동향 분석)

  • Hur, Boo-Hong;Lee, Jeong-Won;Song, Hee-Jong
    • Korean Journal of Veterinary Service
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    • v.34 no.1
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    • pp.19-29
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    • 2011
  • Prevalence of major legal communicable diseases in chickens and ducks, which had occurred in Jeonbuk province from year 2004 to 2008. Total 283 farms 1,419,244 chickens and ducks have been affected by avian diseases. Specifically, fowl typhoid (FT) occurred in 92 farms 416,600 chickens, Marek's disease (MD) in 45 farms 145,563, duck virus hepatitis (DVH) in 31 farms 199,200, infectious bursal disease (IBD) in 27 farms 113,220, infectious bronchitis (IB) in 27 farms 280,300, low pathogenic avian influenza (LPAI) in 26 farms 78,495, avian mycoplasmosis in 16 farms 103,774, Newcastle disease (ND) occurred in 11 farms 61,052, avian encephalomyelitis (AE) in 7 farms 21,000, Pullorum disease (PD) occurred in 1 farm 40. According to total analysis about major legal communicable diseases, 1 species of first-class legal communicable diseases have occurred, 3 species of second-class and 6 species of third-class all adding up to 10 species. In the first-class diseases, Newcastle disease have occurred. Pullorum and fowl typhoid, duck virus hepatitis in the second-class have occurred and as third-class diseases, Marek's disease, Infectious bursal disease, Infectious bronchitis, avian mycoplasmosis, avian encephalomyelitis, low pathogenic avian influenza have occurred.