• Title/Summary/Keyword: Litigation Response

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Judgment Litigation about Intellectual Property Rights and Response Strategy of Both Parties (지식재산권 침해에 대한 심판소송과 쌍방 간 대응전략)

  • Jang, Tae-Jong;Kim, Seok-Jin
    • Journal of Information Management
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    • v.37 no.4
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    • pp.141-159
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    • 2006
  • This paper presents the response strategy taken by the both parties who possess and infringe the patent rights in the case of patent litigation occurring in local companies. It is common that many entrepreneurs suffer from patent judgment litigation related to the intellectual property rights. Response strategy on the standpoints of patentees and trespassers are discussed in several cases such as infringement and abuse of patent rights, divulgence of trade secret and invention during employment in small & medium sized enterprises.

E-Discovery Process Model and Alternative Technologies for an Effective Litigation Response of the Company (기업의 효과적인 소송 대응을 위한 전자증거개시 절차 모델과 대체 기술)

  • Lee, Tae-Rim;Shin, Sang-Uk
    • Journal of Digital Convergence
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    • v.10 no.8
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    • pp.287-297
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    • 2012
  • In order to prepare for the introduction of the E-Discovery system from the United States and to cope with some causable changes of legal systems, we propose a general E-Discovery process and essential tasks of the each phase. The proposed process model is designed by the analysis of well-known projects such as EDRM, The Sedona Conference, which are advanced research for the standardization of E-Discovery task procedures and for the supply of guidelines to hands-on workers. In addition, Machine Learning Algorithms, Open-source libraries for the Information Retrieval and Distributed Processing technologies based on the Hadoop for big data are introduced and its application methods on the E-Discovery work scenario are proposed. All this information will be useful to vendors or people willing to develop the E-Discovery service solution. Also, it is very helpful to company owners willing to rebuild their business process and it enables people who are about to face a major lawsuit to handle a situation effectively.

A Study on the Analysis and Improvement of Public Enterprises' Record Management for the Utilization of Record as Legal Evidence (법적 증거로서 기록의 활용을 위한 공기업 기록관리 현황분석 및 개선방안)

  • Park, Seoin;Kim, Jihyun
    • Journal of Korean Society of Archives and Records Management
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    • v.20 no.2
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    • pp.41-65
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    • 2020
  • Organizations always face the risk of litigation; thus, they should actively prepare for it. In particular, public enterprises must respond to lawsuits carefully to avoid any management risk and possible damage of publicity. Given this, this study aims to identify the relationship between efficient litigation response and record management, determine problems related to record management while utilizing records as evidence, and propose measures to improve record management that uses records as legal evidence. For records to be deemed as legal evidence, RMS is essential to ensure authenticity. Moreover, the ability to secure potential evidence and awareness of the importance of records management needs to be validated. The Commission also stressed the importance of cooperation between archivists and the legal team to efficiently respond to lawsuits.

A Study on the Subjective Responses to Environmental Noises (주거 환경 소음에 대한 거주자 반응조사에 관한 연구)

  • Song, Guk-Gon;Lim, Jun-Yeong;Lee, Tai-Gang;Kim, Sun-Woo
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2008.04a
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    • pp.5-8
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    • 2008
  • Apartment housing is a widely-spread type in Korean housing market. Nevertheless, it has caused serious problems such as traditional community corruption, unsafe structure, defects and litigation from noise. Noise, especially in concrete structure for apartment housing, is hardly controlled in proper to prevent sound transmission between upper and lower families with existing system, In foreign countries, there are floating floor systems to enhance the noise control performance in multi-family housing. Therefore, this study aims to analyze subjective responses on sound characteristics in residential buildings. We analyzed the residential response and the quantities of measured data from environmental noise. The results of this study will be useful to provide guideline to make policy of environmental noise and criteria.

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Scientific Evidence for the Addictiveness of Tobacco and Smoking Cessation in Tobacco Litigation

  • Roh, Sungwon
    • Journal of Preventive Medicine and Public Health
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    • v.51 no.1
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    • pp.1-5
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    • 2018
  • Smokers keep smoking despite knowing that tobacco claims many lives, including their own and others'. What makes it hard for them to quit smoking nonetheless? Tobacco companies insist that smokers choose to smoke, according to their right to self-determination. Moreover, they insist that with motivation and willpower to quit smoking, smokers can easily stop smoking. Against this backdrop, this paper aims to discuss the addictive disease called tobacco use disorder, with an assessment of the addictiveness of tobacco and the reasons why smoking cessation is challenging, based on neuroscientific research. Nicotine that enters the body via smoking is rapidly transmitted to the central nervous system and causes various effects, including an arousal response. The changes in the nicotine receptors in the brain due to continuous smoking lead to addiction symptoms such as tolerance, craving, and withdrawal. Compared with other addictive substances, including alcohol and opioids, tobacco is more likely to cause dependence in smokers, and smokers are less likely to recover from their dependence. Moreover, the thinning of the cerebral cortex and the decrease in cognitive functions that occur with aging accelerate with smoking. Such changes occur in the structure and functions of the brain in proportion to the amount and period of smoking. In particular, abnormalities in the neural circuits that control cognition and decision-making cause loss of the ability to exert self-control and autonomy. This initiates nicotine dependence and the continuation of addictive behaviors. Therefore, smoking is considered to be a behavior that is repeated due to dependence on an addictive substance, nicotine, instead of one's choice by free will.

Neurobehavioral Deficits and Parkinsonism in Occupations with Manganese Exposure: A Review of Methodological Issues in the Epidemiological Literature

  • Park, Robert M.
    • Safety and Health at Work
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    • v.4 no.3
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    • pp.123-135
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    • 2013
  • Exposure to manganese (Mn) is associated with neurobehavioral effects. There is disagreement on whether commonly occurring exposures in welding, ferroalloy, and other industrial processes produce neurologically significant neurobehavioral changes representing parkinsonism. A reviewof methodological issues in the human epidemiological literature onMnidentified: (1) studies focused on idiopathic Parkinson disease without considering manganism, a parkinsonian syndrome; (2) studies with healthy worker effect bias; (3) studies with problematic statistical modeling; and (4) studies arising from case series derived from litigation. Investigations with adequate study design and exposure assessment revealed consistent neurobehavioral effects and attributable subclinical and clinical signs and symptoms of impairment. Twenty-eight studies show an exposure-response relationship between Mn and neurobehavioral effects, including 11 with continuous exposure metrics and six with three or four levels of contrasted exposure. The effects of sustained low-concentration exposures to Mn are consistent with the manifestations of early manganism, i.e., consistent with parkinsonism. This is compelling evidence thatMnis a neurotoxic chemical and there is good evidence that Mn exposures far below the current US standard of $5.0mg/m^3$ are causing impairment.

The 'Middle-Income Country Trap' and Technological Catch-up: The Case of the Machine Tools Industry in Korea (기계산업에서의 중진국 함정과 기술추격: 한국 기계산업의 사례)

  • Kim Yoon-Zi
    • Journal of Technology Innovation
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    • v.14 no.1
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    • pp.147-175
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    • 2006
  • One of the biggest problems of Korean economy is polarization of firms for export and domestic demand and that of conglomerates and SME's achievement. One of the culprits lies weakness of intermediate industry such as machine tool. Since intermediate industry is important path where export performance affects domestic demand and whose actor usually is SMEs with high spill over effect in labor market. Especially, intermediate industry Is vulnerable because of industrial policy biased In backward linkage effect. However if a country fails to develop intermediate industry above some critical point, that country would fall in low-tech equilibrium without growth. In case of benign circle where final goods industry growth leads growth of intermediate industry and again it leads that of final goods industry, it can reach high-tech equilibrium. By contrast, in opposite case where in industrialization latecomer fails to link industries likewise above some critical point that country would fall in low-tech equilibrium without growth. Moreover, for several reasons, machine tool firms of Korea have difficulty in catching up technology above critical point. Firstly. Conglomerate demander neglects their product. Secondly, even after success of development overcoming difficulties they fail to get market share for response of dumping of foreign competitors. And the last one is patent litigation of foreign competitors that incapacitate the technology development. For these, Korean machine tool firms fell in 'middle-income country trap' itself, since they stuck in some extent when they technologically catch up. Consequently, for latecomer country in machine tool industry to leapfrog meaningfully policy support is necessary, Weak intermediate industry does not Induce domestic firms and remained fragile. Therefore, localization, policy should reflect condition of technological catch up more than before, in order to be effective and fruitful. There should be turning point over relationship between conglomerates, major demander of machine tool and SME's, for only with active purchasing of conglomerate Korean machine industry can grow.

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A Legal Study On Expert Opinion of Medical Records and the Judgment - Focus on Medical Civil Liability - (진료기록감정 및 그 판단에 대한 법적 고찰 - 의료민사책임을 중심으로 -)

  • Baek, Kyoung-hee
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.83-107
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    • 2019
  • In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.