• STI Policy Review
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• 제8권1호
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• pp.87-112
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• 2017

This study analyzes patenting practices in the pharmaceutical industry and the impacts of sequential innovation. The main argument of the research is that strategic patenting is common in the pharmaceutical sector and it is legal within the context of patent law. However, when these practices have negative effects on the competition process post-grant, the practices that are legal under patent law may come into conflict with antitrust laws, which are not applied. The study brings into question whether sequential patenting practices characteristic of the pharmaceutical industry encourage or discourage innovation, and moreover, the overall functionality of the patent system. Ultimately, the functionality of the patent system creates market incentives that neglect consumer, i.e., patient, welfare; potential solutions to deal with the shortcomings are discussed.

• 한국항해학회지
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• 제18권2호
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• pp.111-127
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• 1994

A Contract of marine insurance is a contract whereby the insurer undertakes to indemnity the assurd, in manner and to the extent thereby agreed, against marine losses that is to say, the losses incident to marine adventure. But the matter is that whether the problem of increased risk in insurance law should be understood by matching to nay state under general principle of contract law and whether that we should give any effect is more proper to the original object of the system. For this, it is understood that it is a case to be applied a "clausula rebus sic stantibus" in general today, but it is regarded as the matter that whether "clausula rebus sic stantibs" is charging any position in change of risk and whether we should understood the concept of the risk on the substance of the risk. Accordingly the recognition for the problem like this, study should examine closely into whether any system for the effect of increase in change of risk is more proper and rational system provide the supplementing points through our principle of insurance law and the study by comparing method.by comparing method.

• 의료법학
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• 제12권2호
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• Structural Engineering and Mechanics
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• 제52권5호
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• pp.903-918
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• 2014

Large space structures may have resonant low eigenvalues and often these appear with closely-spaced natural frequencies. Owing to the coupling among modes with closely-spaced natural frequencies, each eigenvector corresponding to closely-spaced eigenvalues is ill-conditioned that may cause structural instability. The subspace to an invariant subspace corresponding to closely-spaced eigenvalues is well-conditioned, so a method is presented to design the feedback control law of intelligent structures with closely-spaced eigenvalues in this paper. The main steps are as follows: firstly, the system with closely-spaced eigenvalues is transformed into that with repeated eigenvalues by the spectral decomposition method; secondly, the computation for the linear combination of eigenvectors corresponding to repeated eigenvalues is obtained; thirdly, the feedback control law is designed on the basis of the system with repeated eigenvalues; fourthly, the system with closely-spaced eigenvalues is regarded as perturbed system on the basis of the system with repeated eigenvalues; finally, the feedback control law is applied to the original system, the first order perturbations of eigenvalues are discussed when the parameter modifications of the system are introduced. Numerical examples are given to demonstrate the application of the present method.

• Nuclear Engineering and Technology
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• 제54권12호
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• pp.4759-4775
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• 2022

The RVACS is a versatile and robust safety system driven by two natural circulations: in-vessel coolant and ex-vessel air. To observe interaction between the two natural circulations, SINCRO-IT facility was designed with two different similarity laws simultaneously. Bo' based similarity law was employed for the in-vessel, while Ishii's similarity law for the ex-vessel excluding the radiation. Compared to the prototype, the sodium and air system, SINCRO-IT was designed with Wood's metal and air, having 1:4 of the length reduction, and 1.68:1 of the time scale ratio. For the steady state, RV temperature limit was violated at 0.8% of the decay heat, while the sodium boiling was predicted at 1.3%. It showed good accordance with the system code, TRACE. For an arbitrary re-criticality scenario with RVACS solitary operation, sodium boiling was predicted at 25,100 s after power increase from 1.0 to 2.0%, while the system code showed 30,300. Maximum temperature discrepancy between the experiments and system code was 4.2%. The design and methodology were validated by the system code TRACE in terms of the convection, and simultaneously, the system code was validated against the simulating experiments SINCRO-IT. The validated RVACS model could be imported to further accident analysis.

• 한국통신학회논문지
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• 제4권1호
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• pp.8-24
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• 1979

Including the Qualfication of Staffer required for Commuinication, the National Law of Professional qualification is a basic law for supply with manpower of high growth industry, and it is aiming at perfect the national Policy Concerned improvement for education and training of staff, carrying out of state examination for qualification and getting an occupation or application for special qualification. This law has established a management committee for qualification system in The Ministry of Science and Technique ROK, and authorized competence Minister according to kind of special qualification aiming at getting employment, practical use and courteous treatment in society and economy for national qualification, and also regulated their each official duty. A qualification of staffer required for communication is an administrative measure giving as occupational certificate after some examination for knowledge, technique and faculty in vocational ability to adapt to intrinsic of telecommunication. This certificate has the cause of an attribution of over the sphere of telecommunication, and so it has been originated in international situation, and then some of them is forced by international law, otherwise it be in common use between the nations. The Characteristic and orthodox of communication certificate has been succeded continually in company with development of telecommunication and the appliable field of them is specified, but the sovereign power of nation is approved by ITU that she can extent the applicable position for communication certificate and coordinate the utility of qualification for telecommunication value. Korean telecommunication law excepted the application of communication certificate in public communication field. It is unreasonable and even disobeyed against the theory of communication science and intrinsic of telecommuncation. Therefore it should be corrected immediately and then communication certificate have to accept in the public communication field at all, if so, the application field of communication certificate can have more than useful extenxion such as administration measure should be achieved by the management committee for qualification system in Ministry of Science and Technique and competemce Minister appointed according to special kind of certificate and the administration have to manage by the method and proccess caused by communication science or cooperative system between administration, industry, education and science. And, then, every acquisitor of qualification also has to try to perfect his vocational duty sincerely and to promote each self-realization.

• 한국항공우주학회지
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• 제43권8호
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• pp.731-738
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• 2015

항공기 비행제어시스템의 개발기간, 비용 및 위험도를 최소화시키기 위해서는 비행제어 법칙의 적용 및 시험을 효율적으로 수행할 수 있는 통합개발 도구와 Rapid Prototyping 프로세스가 요구된다. 본 논문에서는 Matlab/Simulink 환경을 통해 생성한 제어법칙 자동코드와 비행동역학 해석프로그램(HETLAS: HElicopter Trim, Linearization and Simulation)과의 연동 절차를 개발하여 시뮬레이션 평가를 효율적으로 수행할 수 있는 환경의 구축에 대해 기술하였다. 또한, 본 연구를 통해 제어법칙의 다양한 모드의 조종사 시뮬레이션 평가를 위해 HETLAS를 이용한 데스크탑 시뮬레이션 환경을 개발하고 조종성 시뮬레이터 및 HILS(Hardware In the Loop Simulation) 시험 환경과 효율적으로 연동하여 시험할 수 있는 절차를 개발하였다. 비행제어법칙 개발과정에서 HETLAS를 중심으로 한 해석/시험 환경을 개발함으로써 반복적인 제어법칙의 설계/해석 및 시험 절차를 효율적으로 수행할 수 있도록 하였다.

• 한국중재학회지:중재연구
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• 제31권3호
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• 문화기술의 융합
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• 제4권2호
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• pp.33-42
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• 2018

2015년 1월 28일 제정되었던 환자안전법이 2016년 7월 26부터 시행되고 있다. 환자안전법은 환자안전문제에 있어 사후적인 민 형사상 책임추궁에 초점을 두고 있던 과거시스템에서 탈피하여 사전적으로 의료오류(medical error)의 예방을 위해 보고시스템을 통하여 각종 오류를 수집 집적한 후 얻어진 결과물을 진료에 반영함으로써 위해를 예방하고자 하는 방식으로 이루어져 있다. 이 법의 유효성을 위해서는 환자안전사고의 예방 보고 재발 방지 등을 위한 환자안전관리체계구축의 핵심적인 전제인 '환자안전사고의 자율보고 및 보고 학습시스템'의 활성화가 관건이다. 그리고 이 시스템이 활성화되기 위해서는 무엇보다도 많은 양의 보고자료축적이 필수적인 전제요건이다. 그럼에도 불구하고 약 17개월 동안 단 2건에 불과한 보고가 있었을 뿐이다. 외국의 선례에서는 이 문제를 해소하기 위하여 부분적으로 의무보고시스템을 도입하고 있다. 본 글에서는 현행 자율보고시스템의 타당성과 발의되어 있는 두 개정안을 비판해보고, 부분적 의무보고시스템의 도입을 제시해보고자 한다.

• 한국건설관리학회논문집
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• 제7권2호
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• pp.62-70
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• 2006

최근 건축물이 사용성, 효율성, 규모 측면에서 다양하게 변화함에 따라 건설공사의 품질은 더욱 중요하게 인식되고 있다. 1962년에 도입된 감리제도는 공공부문에서는 발주자의 위임을 받은 공사감리자에 의해 공사단계에서 확인 또는 지시로 목표품질을 확보하고자 정부는 1994년에 건설기술관리법 개정을 통해 책임감리제도를 도입하였고, 민간부문 중 공동주택의 부실공사를 방지하고자 주택건설촉진법을 개정하여 공사감리제도를 강화하는 등 공사관리의 효율성과 품질의 향상을 가져왔다. 도심기능의 재정비를 위한 차원에서 재개발 사업의 한가지 유형으로 고층화된 주상복합건물이 도입되면서 여러 형태적 사회적 요구에 따른 제도적 변화가 지속되어 왔다. 정부는 주택시장 안정을 위해 300세대 이상의 주택을 건설하는 경우 해당 주상복합건물에 대해 주택법을 적용하도록 관련 법령을 개정하였다. 그러나 이러한 관련법령의 개정사항은 건축법에 의한 감리대상 건축물 중 일부에 한정되어 왔다. 따라서 현행 감리관련 법령 및 제도는 고층화 추세에 따라 다양하고 복잡한 주상복합건물의 공사진행 과정을 효과적으로 감리하기에는 미흡하다고 할 수 있다. 이에 본 연구는 기존 감리제도에 관한 연구와 공사참여자 및 입주자의 설문조사를 바탕으로 주상복합건물의 감리제도의 개선방안을 제안하고 그에 따른 기대효과를 제시하였다.