• Journal of Legislation Research
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• no.44
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• pp.343-386
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• 2013

"Financial ADR" system in South Korea can be represented by so-called "Financial Dispute Resolution System", in which Financial Supervisory Service (FSS) and Financial Dispute Resolution Committee are the principal actors in operation of the system, and this is discussed as an "Administrative Financial ADR System". The system has over 10-year history since it was introduced in around 1999. Nonetheless, it was not until when financial consumer protection began to be highlighted after the 2008 financial crisis that Financial ADR system actually started to draw attention in Korea. This was because interest has been rising in "Alternative Dispute Resolution (ADR)" as an institutional measure to protect financial consumers damaged via financial transactions. However, the current discussion on the domestic Financial ADR system shows an aspect that it is confined to who is to be a principal actor for the operation of Financial ADR institution with main regards to reorganization of supervisory system. This article aims to embody these facts in an institutional model by recognizing them as a problem and analyzing the features of the Financial ADR system, thereby clarifying problems of the system and presenting the direction of improvement. The Korean Financial ADR system can be judged as "administrative model integrated model consensual model quasi-judicial model non-prepositive Internal Dispute Resolution (IDR) model". However, at the same time, it is confronted with a task to overcome the two problems; the system is not equipped with institutional basis for securing its validity in spite of the adopted quasi-judicial effect model; and a burden of operating an integrated ADR system is considerable. From this perspective, the article suggests improvement plans for security of validity in the current system and for expansion of industry-control ADR system, in particular, a system of prepositive IDR model. Amongst them, it suggests further plans for securing the validity of the system as follows; promotion to expand the number of internal persons and to differentiate mediation procedures and effect; a plan to keep a financial institution from filing a lawsuit before an agreement recommendation or a mediation proposal is advised; and a plan to grant suspension of extinctive prescription as well as that of procedures of the lawsuit.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.169-209
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• 2001

As a domain name can be registered simply by filing an application for registration, disputes over the domain name between the holder of domain name and the holder of trademark increased. Since the holder of trademark who was late for registering domain name is willing to pay for the return of domain name, cybersquatters increased. Cybersqatters are not genuine users of the Internet. This article is to compare the construction of law by American Courts and by Korean Courts and to assert the creation of the law similar to the law of US as to anti-cybersqatting. American Courts applied the Trademark Act and the Anti-Dilution Act to resolve the disputes over domain name. To apply the Trademark Act, the Court required the plaintiffs to prove that the goods or the services expressed by the domain name should be identical or similar to the goods or the services represented by the trademark. However, there were many cases where the holder of domain name used it for the goods or the services irrelevant to those of the holder of trademark. Also, the Anti-Dilution Act could not successfully protect the holder of trademark from cybersquatters because it required that the trademark should be famous or distinctive. As a result, the US promulgated a new law which is designed to prohibit cybersquatters from being free of sanction by the existing laws. Korea Courts applied the Trademark Act and the Unfair Competition Prohibition Act to the cases disputing domain name. Likewise in the US, Korean Courts must cope with the issue of identity of the goods or the services, and the famousness or distinctiveness of trademark. The Courts hesitate to give a winning judgement to the holder of trademark simply because the domain name of alleged violator confused the trademark. Some scholars advocate the broadening of construction of the Unfair Competition Prohibition Act to illegalize cybersquatting but it is beyond the meaning of the law. Accordingly, it is a time to make a law similar to the Anti-Cybersquatting Act of the US. The law must be a fair and reasonable compromise to resolve the collision between system of registration of domain name and the system of registration of trademark. Some commentators advocate that the registration of domain name should be examined just as the one of trademark and to facilitate it, the Patent and Trademark Office should have jurisdiction of registration of domain name. But it abandons the distinction of domain name and trademark and results in obstructing e-commerce. By adopting the Anti-Cybersqatting Act, we can prohibit it. In other cases, we get a reasonable adjustment between the holder of domain name and the holder of trademark through the Trademark Act and the Unfair Competition Prohibition Act.

• The Korean Journal of Archival Studies
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• no.14
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• pp.153-190
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• 2006

Externally, business environment in public institution has being changed as government business reference model(BRM) appeared and business management systems for transparency of a policy decision process are introduced. After Records Automation System started its operation, dissatisfaction grows because of inadequacy in system function and the problems about authenticity of electronic records. With these backgrounds, National Archives and Records Service had carried out 'Information Strategy Planning for Reform to Records Management System' for 5 months from September, 2005. As result, this project reengineers current records management processes and presents the world-class system model. After Records and Archives Management Act was made, the records management in public institution has propelled the concept that paper records are handled by means of the electric data management. In this reformed model, however, we concentrates on the electric records, which have gradually replaced the paper records and investigate on the management methodology considering attributes of electric records. According to this new paradigm, the electric records management raises a new issue in the records management territory. As the major contents of the models connecting with electric records management were analyzed and their significance and bounds were closely reviewed, the aim of this paper is the understanding of the future bearings of the management system. Before the analysis of the reformed models, issues in new business environments and their records management were reviewed. The government's BRM and Business management system prepared the general basis that can manage government's whole results on the online and classify them according to its function. In this points, the model is innovative. However considering the records management, problems such as division into Records Classification, definitions and capturing methods of records management objects, limitations of Records Automation System and so on was identified. For solving these problems, the reformed models that has a records classification system based on the business classification, extended electronic records filing system, added functions for strengthening electric records management and so on was proposed. As regards dramatically improving the role of records center in public institution, searching for the basic management methodology of the records management object from various agency and introducing the detail design to keep documents' authenticity, this model forms the basis of the electric records management system. In spite of these innovations, however, the proposed system for real electric records management era is still in its beginning. In near feature, when the studies is concentrated upon the progress of qualified classifications, records capturing plans for foreign records structures such like administration information system, the further study of the previous preservation technology, the developed prospective of electric records management system will be very bright.

• Restorative Dentistry and Endodontics
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• v.29 no.5
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• pp.446-453
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• 2004

The aim of this study was to evaluate the shaping abilities of four different rotary nickel-titanium instruments with anticurvature motion to prepare root canal at danger zone by measuring the change of dentin thickness in order to have techniques of safe preparation of canals with nickel-titanium files. Mesiobuccal and mesiolingual canals of forty mesial roots of extracted human lower molars were instrumented using the crown-down technique with ProFile, $GT^{TM}$ Rotary file, Quantec file and $ProTaper^{TM}$. In each root, one canal was prepared with a straight up-and-down motion and the other canal was with an anticurvature motion. Canals were instrumented until apical foramens were up to size of 30 by one operator. The muffle system was used to evaluate the root canal preparation. After superimposing the pre- and post-instrumentation canal. change in root dentin thickness was measured at the inner and outer sides of the canal at 1. 3, and 5 mm levels from the furcation. Data were analyzed using two-way ANOVA. Root dentin thickness at danger zone was significantly thinner than that at safe zone at all levels (p < 0.05). There was no significant difference in the change of root dentin thickness between the straight up-and-down and the anticurvature motions at both danger and safe zones in all groups (p > 0.05). ProTaper removed significantly more dentin than other files especially at furcal 3 mm level of danger and safe zones (p < 0.05) Therefore, it was concluded that anticurvature motion with nickel-titanium rotary instruments does not seem to be effective in danger zone of lower molars.

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.6
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• pp.708-716
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• 2019

After the Sewol ferry disaster, the maritime safety supervisor system was introduced to strengthen maritime safety control for coastal vessels. If any critical defect is found in vessel facilities during periodical or occasional guidance and supervision on a vessel, a maritime safety supervisor takes an administrative measure: detention of the vessel until it has been completely corrected. The detention order is one of the most powerful regulations exercised by a maritime safety supervisor. It would not be an overstatement to say that the guidance and supervision conducted by a maritime safety supervisor is very important for the safety of a vessel and protection of the maritime environment. However, the regulatory level of each Regional Office of Oceans and Fisheries toward vessels may vary with the enforcers, and an individual's intentional act or negligence might occur during the execution process. Detention of a coastal vessel by the Regional Office of Ocean and Fisheries can easily lead to delayed navigation, and a vessel owner may suffer economic loss from suspension of a charter party. Nevertheless, the Maritime Safety Act does not prescribe filing a petition for objection to the measure of detention order by a maritime safety supervisor. To overcome this problem, therefore, the objection procedure under the Maritime Safety Act has to be reformed to reclaim a right against an inappropriate detention order measure caused by an individual's intentional act or negligence through a formal objection.

• Management & Information Systems Review
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• v.28 no.3
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• pp.1-23
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• 2009

Prior bankruptcy studies have established that bankrupt firm's pre-filing financial ratios are different from those of healthy firms or of randomly selected going concerns. However, they may not be sufficiently different from the financial ratios of other firms in financial distress to allow the development of a ratio-based model that predicts bankruptcy with reasonable accuracy. As the result, in the multiple discriminant model, independent variables divided firms into bankrupt firms and healthy firms are retained earnings to total asset, receivable turnover, net income to sales, financial expenses, inventory turnover, owner's equity to total asset, cash flow to current liability, and current asset to current liability. Moreover four variables Retained earnings to total asset, net income to sales, total asset turnover, owner's equity to total asset indicate that these valuables classify bankrupt firms and distress firms. On the other hand, Owner's Equity to borrowed capital, Ordinary income to Net Sales, Operating Income to Total Asset, Total Asset Turnover and Inventory Turnover are selected to predict bankruptcy possibility in the Logistic regression model.

• 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.

• Journal of Korea Water Resources Association
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• v.53 no.11
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• pp.929-938
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• 2020

In this study, we estimated missing evapotranspiration (ET) data at a eddy-covariance flux tower in the Cheongmicheon farmland site using the Artificial Neural Network (ANN). The ANN showed excellent performance in numerical analysis and is expanding in various fields. To evaluate the performance the ANN-based gap-filling, ET was calculated using the existing gap-filling methods of Mean Diagnostic Variation (MDV) and Food and Aggregation Organization Penman-Monteith (FAO-PM). Then ET was evaluated by time series method and statistical analysis (coefficient of determination, index of agreement (IOA), root mean squared error (RMSE) and mean absolute error (MAE). For the validation of each gap-filling model, we used 30 minutes of data in 2015. Of the 121 missing values, the ANN method showed the best performance by supplementing 70, 53 and 84 missing values, respectively, in the order of MDV, FAO-PM, and ANN methods. Analysis of the coefficient of determination (MDV, FAO-PM, and ANN methods followed by 0.673, 0.784, and 0.841, respectively.) and the IOA (The MDV, FAO-PM, and ANN methods followed by 0.899, 0.890, and 0.951 respectively.) indicated that, all three methods were highly correlated and considered to be fully utilized, and among them, ANN models showed the highest performance and suitability. Based on this study, it could be used more appropriately in the study of gap-filling method of flux tower data using machine learning method.

• Korean Security Journal
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• no.61
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• pp.333-352
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• 2019

In January and August 2019, there were amendments to the Unfair Competition and Trade Secrets Protection Act (UCPA) and the Industrial Technology Protection Act(ITPA). These amendments will contribute to technology protection. But these amendments need to be supplemented further. In the area of civil remedies, despite the introduction of treble damages in the case of the UCPA and ITPA, the provisions related to the submission of supporting data have not been maintained. Therefore, it is necessary to recognize the claim of the other party as true if it is maintained at the level of the revised Patent Act and the scope of submission of supporting data. And the enforcement of the case of compulsory submission for the calculation of damages, and the order of filing documents are not followed. ITPA, on the other hand, has introduced the compensation for damages, but there is no provision for estimating the amount of damages. Therefore, it is necessary to estimate the amount of lost profits, profits, and royalties. In the area of criminal remedies, both the UCPA and ITPA have raised the penalty, but the sentencing regulations are not maintained. In addition, although the recent outflow of technology has expanded beyond organizational deviations to organizational outflows, amendments need to be made in relation to the serious consequence for the punishment of related juristic persons, such as companies involved in it. It should be noted that Japan and the United States have corporate regulations and regulations. In addition, in relation to the confiscation system, Act on Regulation and Punishment of criminal proceeds concealment require that domestic defenses be confiscated by defense industry technology, while trade secrets and industrial technologies are confiscated only by "foreign" outflows, and an amendment is necessary.

• Economic and Environmental Geology
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• v.55 no.6
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• pp.661-669
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• 2022

The need for miniaturization, high efficiency, and green energy resources as an energy storage device through the development of various electronic device has emerged. Accordingly, nanomaterials with excellent electrochemical properties, such as graphene and graphene hybrids, are attracting attention as promising materials. In particular, in the electric vehicle industry, cost reduction of secondary batteries is a key factor that can determine the spread of related industries, and it is most important to analyze R&D trends for battery material technology and respond to future technological development directions. Therefore, in this study, we tried to suggest a direction for R&D activities in the future by analyzing patent trends for graphene anode material technology for secondary batteries and deriving implications. As a result, in the case of anode material technology, the proportion of foreigners in the US and European patent markets was higher than in the Korean and Japanese patent markets, which means that the US and European marketability is high. In addition, Japanese applicants are filing high-level applications not only in the Japanese patent market but also in other countries suggests that Japan is leading the technology in this field. Lastly, the proportion of research institutes in the patent market of Korea and the US remains high compared to that of Japan and Europe, indicating that the commercialization of technology is still slow in those countries. Therefore research institutes and companies in Korea will have to establish their own strategies for developing and securing materials using the results of patent trends in major countries and major companies analyzed in this study.