• Title/Summary/Keyword: Media and Law

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A Study of Popular Music Melody Idioms (대중음악 멜로디 관용구의 판단요소 -Someday 사건 대법원 판례를 중심으로-)

  • Kim, Min Ki
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.11
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    • pp.291-300
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    • 2020
  • Plagiarism concerns in the melody of popular music are on the rise. Despite these concerns, standards and methods for addressing these issues are lacking. This study is significant in the fact that it is the first case in the media which started as a controversy on plagiarism of popular music and even progressed to Supreme Court ruling. The first and second trial courts declared the existence of infringement of copyright by recognizing that the music in question was substantially alike as a result of comparing and reviewing the melody, rhythm, and harmony. However, the Supreme Court came to a different verdict on the infringement of musical work by reversing and remanding the case to the Seoul High Court. The Supreme Court indicated that even though the music presented in the first trial is a creative work entirely protected under the Copyright Act, expression without creativity is an area that is not protected under the law. Based on this case, this study seeks to compare and analyze the essential characteristics of melody in the judgment of infringement of copyrights in popular music, and factors related to the judgment of practical similarity and the judgment of idioms that are the criteria for judging infringement of musical work.

The information process on labor and the protection of information human rights (노동정보처리와 정보인권보호)

  • 하우영
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.13 no.6
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    • pp.17-32
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    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

Understanding the Watchdog Concept in South Korea: Focused on the Media as Watchdog (언론의 파수견 개념의 발전과 적용: 한국 판례분석을 중심으로)

  • Lee, Jae-Jin
    • Korean journal of communication and information
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    • v.41
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    • pp.108-144
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    • 2008
  • This study examines how the watchdog concert in journalism field has been created and develope4 Related studies found that the watchdog is related not so muck with free press theory as with a privilege awarded to the press because the press serves for the public interests. It was found that in the U.S., the watchdog concept was derived from the a lot of libel cases in the late 1890s. At the time, the newspaper owners and editors continuously claimed the very protection over vulnerability of newspaper's collecting, reporting, and printing news. While, in Korea, the concept of watchdog emerged in the late 1990s after the establishment of the Constitution Court. Even though the watchdog concert was accepted very late by the Korean courts, it is believed to be a kind of special privilege to prevent the press from being recklessly regulated in libel cases. Rather, the Korean courts expand the extent of the role of the press as a watchdog by deciding that not only the public officials and politicians but also other socially influential public figures could be included in the criticism from the press. However, how these court decisions can be practically implemented depends upon how the court apply the probability of the press to believe the news true and intention of malice in writing and publishing the stories.

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Development of a Pipe Network Fluid-Flow Modelling Technique for Porous Media based on Statistical Percolation Theory (통계적 확산이론에 기초한 다공질체의 유동관망 유동해석 기법 개발)

  • Shin, Hyu-Soung
    • The Journal of Engineering Geology
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    • v.23 no.4
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    • pp.447-455
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    • 2013
  • A micro-mechanical pipe network model with the shape of a cube was developed to simulate the behavior of fluid flow through a porous medium. The fluid-flow mechanism through the cubic pipe network channels was defined mainly by introducing a well-known percolation theory (Stauffer and Aharony, 1994). A non-uniform flow generally appeared because all of the pipe diameters were allocated individually in a stochastic manner based on a given pore-size distribution curve and porosity. Fluid was supplied to one surface of the pipe network under a certain driving pressure head and allowed to percolate through the pipe networks. A percolation condition defined by capillary pressure with respect to each pipe diameter was applied first to all of the network pipes. That is, depending on pipe diameter, the fluid may or may not penetrate a specific pipe. Once pore pressures had reached equilibrium and steady-state flow had been attained throughout the network system, Darcy's law was used to compute the resultant permeability. This study investigated the sensitivity of network size to permeability calculations in order to find out the optimum network size which would be used for all the network modelling in this study. Mean pore size and pore size distribution curve obtained from field are used to define each of pipe sizes as being representative of actual oil sites. The calculated and measured permeabilities are in good agreement.

Developing Competency Based Integrated Curriculum for Fostering Sports Marketer in Sports Industry (스포츠마케터 인재양성을 위한 역량기반 융합형 교육과정 개발)

  • Kim, Jin-Se;Ahn, Jai-Han;Kim, Mi-Suk
    • Journal of Digital Convergence
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    • v.16 no.6
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    • pp.449-462
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    • 2018
  • The purpose of this study is to develop a competency-based convergence curriculum for the development of sports marketers, sports talent in the sports industry. For this purpose, we conducted literature analysis, in-depth interviews and job analysis to derive necessary capabilities to become sports marketers, draw up a capability profile, and then developed a capability model through expert verification. Sports marketers ' capacity models were divided into sport marketing / PR and sports events by type of experience, with six common basic competencies including sports mind and 12 professional competencies including sponsorships. Sports marketers education courses developed based on capacity models are composed of understanding of sports industry, sports marketing communication, sports law, understanding of sports facility, sports facilities management, sports sponsorship, sports media, sports licensing, sports agent, sports event planning, sports event management, make a proposal, sports event field practice. The developed training courses for sports marketers will be used in colleges and private education institutions related to the sports industry, contributing to fostering and expanding sports industry talent.

A Study on Human Rights in North Korea in terms of Haewon-sangsaeng (해원상생 관점에서의 북한인권문제 고찰)

  • Kim Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.43
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    • pp.67-102
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    • 2022
  • The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

Study on the Appropriate Use of Weapons by Private Security Guards: Focusing on Public Crowded Places (민간 경비원(보안요원)의 정당한 무기사용 방안 연구: 다중이용시설을 중심으로)

  • Hangil Oh;Kyewon Ahn;Ye ji Na
    • Journal of the Society of Disaster Information
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    • v.19 no.4
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    • pp.936-949
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    • 2023
  • On August 3, 2023, a brutal incident of unprovoked violence, termed as "Abnormal motivated crime," occurred in a multi-use facility, where retail and transportation facilities converge, near Seohyeon Station. The assailant drove onto the sidewalk, hitting pedestrians, and then entered a department store where a knife rampage ensued, resulting in a total of 14 victims. In the aftermath of this incident, numerous murder threats were posted on social media, causing widespread anxiety among the public. This fear was further exacerbated by the emergence of a "Terrorless.01ab.net" service. Purpose: This research aims to explore necessary institutional improvements for private security personnel who protect customers and employees in multi-use facilities, to enable them to perform their duties more effectively. Method: To assess the risk of Abnormal motivated crime, a time series analysis using the ARIMA model was conducted to analyze the domestic trends of such crimes. Additionally, Result: the study presents suggestions for improvements in the domestic security service law and emergency manuals for multi-use facilities. Conclusion: This is informed by a legal analysis of the indemnity rights for weapon use by private security guards abroad and their operational authority beyond weapon usage.

Playing Trauma -A Study on the Representation of History in Taiwan Horror Game Detention (플레잉 트라우마 -대만 호러게임 <반교>의 역사 재현 연구)

  • Bae, Ju-Yeon
    • Journal of Popular Narrative
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    • v.26 no.2
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    • pp.87-122
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    • 2020
  • This study explores the method of representation of traumatic history in 2D horror game Detention developed by Taiwan game production company Red Candle through an analysis of its method of storytelling. Unlike conventional public media, video/digital games are based on interactivity, in which game players engage in the narratives. Thus, the relationship between players and the history in the game world may also change. This research investigates how the players build their way of remembering and recognizing the past in a different relationship. Detention, which was well received, not only in Taiwan but also around the world upon its launch in 2017, is set in a middle school during the martial law era in Taiwan in the 1960s. In the game, the main character encounters her lost memories in the process of following clues and game rules, and finally realizes she is implicated in the 1960s' event. Detention was cinematized after the success of the game. The film achieved enormous popularity both in terms of box office success and criticism. In this paper, the strategy of the game's storytelling is introduced in comparison to the film's approach in the representation of historical events. In particular, the paper explores elements such as the interactivity of the game medium, narrative fragmentation, quests, hints and cues, and the horror genre, that asks users to understand history beyond the game world differently from the point of view of other media. Though this study, it can be considered that the digital game is a medium exploring history in a serious manner. In particular, Detention invokes the matter of game-mnemonics as well as cine-mnemonics. Compared to plentiful research in cine-mnemonics, game-mnemonics has not been extensively studied to date. Therefore, through the analysis of Detention, this paper explores the relationship between digital games, history and memory.

Studies on the Desertification Combating and Sand Industry Development(I) - Present Status and Countermeasures for the Combating Desertification in China - (사막화방지(沙漠化防止) 및 방사기술개발(防沙技術開發)에 관한 연구(硏究)(I) - 중국(中國)의 사막화현황(沙漠化現況) 및 방지대책(防止對策) -)

  • Woo, Bo-Myeong;Lee, Kyung-Joon;Jeon, Gi-Seong;Kim, Kyung-Hoon;Choi, Hyung-Tae;Lee, Seung-Hyun;Lee, Byung-Kwon;Kim, So-Yeon;Lee, Sang-Ho;Jeon, Jeong-Ill
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.3 no.3
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    • pp.45-76
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    • 2000
  • The purposes of this study were to investigate and understand the present status of various types of "deserts", such as sand desert, gravel desert, rock desert, earth desert, salt desert, desert, rocky desert, gobi desert, sandy desert, clay desert, etc., and the general countermeasures for the combating "desertification" "desertization", and to develop the technologies on the revegetation and restoration for the combating desertification in China. The methods of this study were mainly composed of field surveys on the several experimental sites and research institutes related to combating desertification in China, and examinations on the various technologies for the combating desertification at the Daxing Experimental Station of Beijing Forestry University. The conclusion from this study may be summarized as follows; 1. Status and tendency of desertification in China : China is one of the countries seriously threatened by desertification. Desertification affected areas in China are mainly distributed in arid, semi-arid and dry sub-humid areas in China, covering the most regions of the Northeast China (eastern region of Inner-Mongolia), the northern part of the North China (middle and western region of Inner-Mongolia, Shaanxi, Ningsha, Gansu) and the western part of the Northwest China (Xinzang, Qinghai, Xizang). The total area affected by desertification in China is approximately 2.622 million $km^2$. It covers 27.3% of the total territory of China. Until recently, it is estimated that the annual spreading ratio of desertification in China is 2,460 $km^2$. Therefore, desertification is mostly serious problems facing to the Chinese people. 2. The causes and environmental effect of desertification : The desertification in China is mainly caused by compound factors, including natural condition and human activities. In China, the desertification is started by the decrease of precipitation, continuous dry and drought, strong wind, wind and water erosion, land degradation and loss of natural vegetation caused by climate variation, and accelerated by the human activities, such as over-cultivating, over-grazing, over-cutting of woods, irrational use of water resources. Because desertification has affected the geographical features, soil nutrients contents, salinity, vegetation coverage and the functions of ecosystem, the environmental deteriorations in the desertification affected areas are very seriously. 3. The fundamental strategies of combating desertification in China are the increase of education and awareness of people through various mass media, the revision of laws to guarantee operation of Desertification Combating Law and to improve many relating laws and regulations, the application of advanced technologies and training of experts, the establishment of discriminative policies, and increasing arrangement of budget-investment, and so on. China, as a signed country in UNCCD, has made efforts for the combating desertification. Korea is also signed country in UNCCD, so we should play an important role in the desertification combating projects of China for the northest asia and global environmental conservation as well as environmental conservation of Korea.

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Questions and Answers about the Humidifier Disinfectant Disaster as of February 2017 (가습기살균제 참사의 진행과 교훈(Q&A))

  • Choi, Yeyong
    • Journal of Environmental Health Sciences
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    • v.43 no.1
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    • pp.1-22
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    • 2017
  • 'The worstest environment disaster', 'World's first biocide massacre', 'Home-based Sewol ferry disaster' are all phrases attached to the recent humidifier disinfectant disaster. In the spring of 2011, four of 8 pregnant women including 1 adult man passed away at a university hospital in Seoul due to breathing failure. Epidemiologic investigation conducted by the Korean CDC soon revealed the inhalation of humidifier disinfectant, which had been widely used in Korea during the winter, to be responsible for the disease. As well as lung fibrosis hardening of the lungs, other diseases including asthma, rhinitis, skin disease, liver disease, fetal disease or cancers have been researched for their relation with exposure to the products. By February 9, 2017, 5,342 cases had registered for health problems and 1,131 of them were already dead (20.8% mortality rate). Based on studies by government agencies and a telephone survey of the general population by Seoul National University and civic groups, around 20% of the general public of Korea has used these products. Since the market release of the first product by SK Chemical in 1994, over 7.1 million items from around 20 brands were sold up to 2011. Most of the products were manufactured by well-known large conglomerates such as SK, Lotte, Samsung, Shinsegye, LG, and GS, as well as some European companies including UK-based Reckitt Benckiser and TESCO, the German firm Henkel, the Danish firm KeTox, and an Irish company. Even though this disaster was unveiled in 2011 by the Korean government, the issue of the victims was neglected for over five years. In 2016, an unexpected but intensive investigation by prosecutors found that Reckitt Benckiser manipulated and concealed animal tests for its own brand and brought several university experts and company employees to court. The matter was an intense social issue in Korea from May to June with a surge in media coverage. The prosecutor's investigation and a nationwide boycott campaign organized by victims and environmental groups against Reckitt Benckiser, whose product had been used by more than 70% of victims, led to the producer's official apology and a compensation scheme. A legislative investigation organized after the April 2016 national election revealed the producers' faults and the government's responsibility, but failed to meet expectations. A special law for the victims passed the National Assembly in January 2017 and a punitive system together with a massive environmental epidemiology investigation are expected to be the only solutions for this tragedy. Sciences of medicine, toxicology and environmental health have provided decisive evidence so far, but for the remaining problems the perspectives of social sciences such as sociology and jurisprudence are highly necessary, similar to with the Minamata disease and Wonjin Rayon events. It may not be easy to follow this issue using unfamiliar terminology from medical and chemical science and the long, complicated history of the event. For these reasons the author has attempted to write this article in a question and answer format to render it easier to follow. The 17 questions are: Q1 What is humidifier disinfectant? Q2 What kind of health problems are caused by humidifier disinfectant? Q3 How many victims are there? Q4 What is the analysis of the 1,112 cases of death? Q5 What is the problem with the government's diagnostic criteria and the solution? Q6 Who made what brands? Q7 Has there been a recall? What is still on sale? Q8 Was safety not checked by any producers? Q9 What are the government's responsibilities? Q10 Is it true that these products were sold only in Korea? Q11 Why and how was it unveiled only in 2011 after 17 years of sales? Q12 What delayed the resolution of the victim issue? Q13 What is the background of the prosecutor's investigation in early 2016? Q14 Is it possible to report new victim cases without evidence of product purchase? Q15 What is happening with the victim issue? Q16 How does it compare with the cases of Minamata disease and Wonjin Rayon? Q17 Are there prevention measures and lessons?