• Research in Plant Disease
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• v.12 no.2
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• pp.103-107
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• 2006

An array of surveys was designed to improve current Pesticide Management Law and Acts by investigating farmers' usage of pesticides and by assessing applicability of Plant Protection Certificate to register local pesticide markets or related businesses. This study indicates that most farmers choose pesticide recommended by local pesticide market dealers. This survey also indicates serious misuse or overuse of pesticides by farmers probably due to inappropriate recommendations. To guarantee rational use of pesticides by the end users, most experts in the plant protection areas have realized the importance of the Certificate as a license to register the local pesticide markets. To the end, current Pesticide Management Laws and Acts need to be revised to ask pesticide-dealing workers to take the Plant Protection Certificate.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.79-113
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• 2012

This study focuses on the protection of trial subjects, who participate in clinical trials for new drug. It takes long time to develop new drugs and the clinical trials are required. Usually, pharmaceutical company, which develop new drug, request a research institution(usually, hospital) to investigate the examination of security and side effects of new drug. The institution recruit trial subject to participate in the trials. The contract for clinical research of investigational new drug is concluded between the pharmaceutical company and the institution. This thesis studies the legal regulations for protection of participants of clinical research for new drug. In this respect the first matter of this study is to seek which relation between pharmaceutical firm and participants of clinical trials. Especially, there is a question which the trial subject is entitled to demand the pharmaceutical company which requested clinical trials the institution to supply the investigational new drug, after the contract for clinical trials had terminated or cancelled. This study take into account the liability of the pharmaceutical company to trial subject. Secondly, it is researched the roles and authority of Institutional Review Board(IRB). IRB is Research Ethics Committee of the institution, in which clinical trials for new drug are conducted. According to the rule of Korea good clinical practice(KGCP), IRB is the mandatory organization which is authorized to approve, secure approval or disapprove the clinical trials for investigational new drug in the institution. The important roles are the review of ethical perspective of trial research and the protection of trial subject. Thirdly, this paper focuses if the participants are to be paid for the participation for clinical research. This is ethical aspect of clinical trials. It is resonable that the participant is reimbursed for expenditure such as travels, and other expenses incurred in participation in trials. It is not allowed that the benefit of clinical trials is paid to trial subject. The payment should not function as financial inducements for participations of trials. Finally, the voluntary consent of the trial subject is required. The institution ought to inform the subject, who would like to participate in trials, and it ought to received informed consent in writing for subject. In this regard, it is matter that trial subject has ability of consent. It is principle that the subject as severely psychogeriatric patient has not ability of consent. However, it is required that not only healthy people but also patients are allowed to take part in clinical trials of new drug, in order to confirm which the investigation new drug is secure. Therefore there are cases, in which the legal representative of subject consent the participation of the trials. In addition, it is very important that the regulations concerning clinical trials of new drug is to be systematically well-modified. The approach of legal and political approach is needed to achieve this purpose.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.87-108
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• 2014

Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.

• Journal of Legislation Research
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• no.44
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• pp.185-209
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• 2013

With the broader range of information and communications technology, of which fashion is a foundational medium, to analyze fashion as an information technology in order to better understand the industry's desire for intellectual property protection, popular resistance to such protection, and the most efficacious balance between them in terms of creative expression. It is, therefore to be focused on cultural and historical reasons for the limited degree of intellectual property protection extended in the past to certain categories of human creativity, including fashion design. So, the question of why some tension still exists between creators and consumers of fashion, how information theory can contribute to an explanation for that tension, and what role law can play in its resolution with Louboutin case and Levi case. Consumers and designers alike are better served by promotion of fair competition, lower litigation costs, and the inventive synergy of the fashion industry. Louboutin shows the comfortable, respectful limits of trademark law, while Levi illustrates the dangerous, overreaching deference that a few circuits have granted to famous marks. The Supreme Court could clarify the standard for dilution claims, requiring that a junior mark be "identical or nearly identical" or even "significantly similar" to a senior mark. Courts should need a deference in making dilution determinations and can choose to make this factor quite subjective with the highest degree of similarity.

• Journal of the Korean Society of Costume
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• v.54 no.1
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• pp.125-139
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• 2004

The present study was to analyze the trend of registration of design rights in apparel products and tc point out problems of current protection law to design. The research data was total 1,850 design rights in apparel that have been registered to the Korean Patent and Trademark Office from the first design registered in March 1, 1963 through those registered in April 24, 2003. All design rights were analyzed by the year, by the type of product, and by the type of applicant. And also design rights registered under the revised design registration system(without examination) were analyzed by the trait. The results of the study were as follows: (1) Sweater & polo shirts, underpants, and the Korean traditional dress were three major single categories registered in apparel : (2) 54.3% of total design rights in apparel was registered since the legal system of design rights has been revised in March 1, 1998 : (3) Registration by individual applicant were 71.7% of total; (4) About 60% of total design rights were for aesthetic, but in some categories such as vest. brassiere, undershirts, designs for function were more frequently registered than others. And total 68 design rights for the symbol of the organization or uniform, were registered in upper outerwear and pants : (5) As problems of the current legal protection system for designs, the term of “design”(expressed in Korean), double registration of similar designs, malicious intention to register other's trademark as his/her own design. The current legal system for design rights were more used for the product that has relatively long life cycle. And the revised law has been effective in encouraging the registration of design rights. However. the current design law still has some problems to be revised to prevent design rights or trademark infringement.

• Journal of the Korean Institute of Navigation
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• v.16 no.2
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• pp.41-52
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• 1992

It is, as everyone knows, very important for human beings to protect and conserve marine environment. We has believed the ocean is so wide and deep that it cannot be polluted. But it has begun to doubt the capacity of self-purification of the ocean due to pollution arising from marine casualities. It has proved that semi-enclosed sea is likely to be polluted and cannot be restored easily once pollution occurs. Therefore, first of all it is important to take preventive measures for prevention of marine pollution in the semi-enclosed sea like the Yellow Sea. Many of regional conventions for prevention of marine pollution have come into existence. this dissertation was set out for the fact that the Yellow Sea is semi-enclosed sea which is vulnerable to marine pollution. It is desirable not to deal with marine preservation of the Yellow Sea by a single exclusively but to deal with it by cooperation of all coastal states under the present circumstances. I proposed a program of regional cooperation to protect and conserve the Yellow Sea. This program must be progressed with gradual arrangements. First, they must establist a basic cooperation committee to work basic affairs on the protection of marine environment within the Yellow Sea. The Committee Mainly play parts of study and research concerned with pollution of the Yellow Sea in the non-governmental side and consist of legal and scientific experts. Second, they must establish the control Committee to prevent marine pollution of the Yellow Sea substantially. There is a reason that regional cooperation cannot be directly concluded with the regional tready. Because there is a problem of Recognition of States left. In principle, a subject of tready must be a state in the International Law. But they have not made Recognition of State which is demanded by International Law between North and South Koreas. Therefore, the Control committee must play a substantial part of prevention from pollution instead of the treaty. Finally, we concluded tentatively named $\ulcorner$Convention on Regional Cooperation for Protection of Marine Environment of the Yellow Sea from Pollution$\lrcorner$ if the matter is settled which is related to Recognition of States in the International Law.

• Journal of Digital Convergence
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• v.12 no.6
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• pp.1-11
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• 2014

With the drastic development of technology for almost eternally saving digital information, cases for giving sufferings to a person who deserves to enjoy privacy have increased. So I study the right to be forgotten focusing on the collision between that right and freedom of expression. I also study the concept of the right to be forgotten and its legal basis for the protection of that right. That right can be protected mainly by the self-decision making right under the Article 10, and secondly the privacy right under the Article 17 of the Constitutional Law. The Press Arbitration Law can be applied to protect the right to be forgotten, but that Law needs the revision of time-limit clause for complain, protection clause for the right to ask to delete factual past article, and the clause of staleness doctrine for the consent of giving personal information.

• Journal of Navigation and Port Research
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• v.34 no.6
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• pp.459-470
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• 2010

It is necessary to prepare a plan to accommodate the International Convention in domestic law, focusing on the new duties for the Coast Guard as they pertain to the field of ship recycling, by studying the key issue of the "HONG KONG International Convention for the Safe and Environmentally Sound Recycling of Ships" of the International Maritime Organization(IMO) and through analyzing the current status of the Coast Guard. The Coast Guard is directly responsible for the protection of the marine environment and takes charge of important duties; Therefore, by instituting a legal basis for its new duties, it will not only create new business but also be able to consolidate its role as an important constituent in the sphere of marine conservation and protection.

• Hwankyungkyoyuk
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• v.2 no.1
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• pp.69-83
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• 1991

The management and disposal of harzardous chemicals from the middle school science class was studied for the safety of student and for the protection of the environment. This study was undertaken by analysis of 5 kinks of current middle school science text book and questionnaire survey, and reviewed on the recommended methods for the disposal of harzardous chemical wastes from science class. There are 237 chemicals determined in the middle school science text books and 87 among them actually used in middle school science laboratory. 51 chemicals are classified as harzardous ones and 49 highly hazardous according to the 'Law of Toxic Chemicals management'. 116 chemicals are defined as water pollutants and 10 are highly hazardous water pollutants according to the 'Water Quality Control Law' as well are 91 chemicals as air pollutants and 19 are highly hazardous air pollutants according to the 'Air Quality Control Law' Questionnaire survey results the identification of toxic chemicals, need for education, awareness of toxic effects and current problems in the management. Disposal of toxic chemicals in middle school science class has been undertaken without any treatment, which could be caused of environmental pollution. Most of science teacher wanted to have opportunities to attend supplement courses for the management and disposal of chemicals for the safety and environmental protection. Simple and applicable methods for the management and disposal of chemicals at middle school science level should be strongly recommended to be installed.

• The Journal of the Korea Contents Association
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• v.10 no.1
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• pp.343-352
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• 2010

As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.