• Title/Summary/Keyword: lawsuit

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Analysis of Zeolite Membrane Using Patent Information (특허정보에 의한 제올라이트 분리막 연구동향 고찰)

  • Im, Eun-Jung;Kim, Sung-Hyun;Kim, Sang-Gon;Hyeon, Dong-Hun;Park, Sun-Hee
    • Clean Technology
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    • v.18 no.3
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    • pp.307-311
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    • 2012
  • Patents is a strong asset. Samsung and Apple's patent lawsuit is a prime example. So many countries reinforce the intellectual property and they lay the emphasis on the patent. Utilizing the patent information efficiently is basic to the patent analysis. Patent information will provide for new science and technology information sources, international code is classified according to the international patent system IPC, being easily accessible. In this paper, analysis of foreign and domestic patents for zeolite technologies analysis using IPC. The current of technology development in such countries as Korea, USA, Japan, China and EU was analyzed by classifying the patents for 1992 through 2011 according to registration country, assignee, calendar year and technology area.

Review of the Theory of Natural Obligations (자연채무에 대한 재검토)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.12 no.5
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    • pp.79-87
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    • 2014
  • In general, at the relationship between claim and obligation if debtor does not fulfill its obligations arbitrarily the creditor can claim to debtor such as lawsuit. It means, despite the debtor ordered payment through the judgment, if debtor disobey that judgment, compulsory execution can be performed by the force of the country. In the end, fulfillment of obligation is enforced by national authorities in principle. However, exceptionally, even it established as a valid debt, if debtors fulfill themselves, they may not be protected from the national authorities. That is the natural obligation. The natural obligation originated from the Roman law which enforces strict type legal system and it is exceptional phenomenon in modern civil law which is made up as that all the bonds are likely to recourse. Therefore, in Korean theory acknowledge that debt is natural obligation and there is no exception. However, there are still controversy about the presence and occurrence of natural obligation. So, in this paper, want to review about its extent and effect including the concept of natural obligation.

Improvement Plans on Defect Consulting Report in an Apartment Building through Analyzing on Formal Index and Quantitative Index (형식 및 질적요소 체계분석을 통한 공동주택 하자감정서의 개선방안)

  • Park, Jun-Mo;Seo, Deok-Seok
    • Journal of the Korea Institute of Building Construction
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    • v.14 no.3
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    • pp.195-206
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    • 2014
  • The main issue of defect dispute is consulting, reviewing, and finally judging as an arbiter. A defect consulting is represented a defect consulting report, but a business custom and a standard of judgment are different each consultants, and have many problems. This study reviews literature studies and institutional researches, set up a research structure. it has 7 indexes that 5 indexes are formal indexes, and the other are qualitative indexed. As a result of case study, formal indexes are respect on the whole. However, each appraiser has different ideas, and, is expected to delay on fixing a construction lawsuit practice. This study suggests to improve a defect consulting report, it is followed. In formal part, suggested to change configuration is adjusted and integrated similar items. In qualitative part, an evaluation system for appraiser and an education program for engineers is suggested.

A Study on the Harmonization of a Mediation System through a FTA among China, Japan, and Korea - Focused on the Patent Mediation - (한중일 3국의 중재제도의 조화를 위한 소고 - 특허권 중재를 중심으로 -)

  • Lee, Heon-Hui
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.153-175
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    • 2013
  • The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

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The Analysis for Legal Evolution of Affirmative Action in University Admissions in the U. S. A. (대학입학과 관련된 미국 소수집단우대정책 역사적 변화 분석)

  • Lim, Soojin
    • Korean Journal of Comparative Education
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    • v.22 no.4
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    • pp.149-178
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    • 2012
  • The initial purpose of Affirmative Action(AA) in the U. S. was to increase access to, and ensure the equitable distribution of, opportunities for racial minority groups in order to redress past discrimination. Over the last several decades, support for AA has grown and waned as structural, political and social currents have shifted. Most recently, AA in university admissions policy was once again tested as The University of Texas at Austin successfully defended its use of AA in admissions and now faces Supreme Court review concerning the lawsuit. Fisher v. University of Texas at Austin. The purpose of this study is to illustrate the evolution of AA in university admissions reflected on major legal cases for and against it. AA is analyzed from the integrative approach based on the historical institutionalism. l.e., influenced by structure, political dynamics, institutions and critical actors.

The Study on Countermeasures Against the Infringement of Rights of the Transmission and Reproduce on the Han Wave Contents in the China Market (중국 시장 내 한류 방송 콘텐츠의 전송권 및 복제권 침해 대응 연구)

  • Lee, Jae-Ho;Kim, Hee-Kyung
    • The Journal of the Korea Contents Association
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    • v.19 no.6
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    • pp.33-46
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    • 2019
  • The purpose of this study is to analyze how China, which is the largest consumption area of Hallyu broadcasting contents but the most illegal copy market infringe the rights of domestic broadcasters and what of the policy of regulatory authority in this illegal market. To this end, this study investigate the most common types of paths and methods of copyright infringement in the Internet and mobile multi-platform environments, and investigated how broadcasters responded to them with in-depth interviews. As a result of research, the most frequent type of infringement of rights of reproduction were to use links with web and apps and TV pads. In this regard, it was not easy to solve the problem of illegal copy in China in the way that domestic companies responded to individually, and it was very rare that the lawsuit was filed. In the future, the government will need to provide side support for Korean Wave broadcasting contents through steady monitoring as well as market research for eradication of illegal copy.

A case study on a couple who overcame a crisis of divorce - Focused on the experience of IMAGO relationship therapy - (이혼 위기를 극복한 부부의 사례연구 - 이마고 부부관계치료 경험을 중심으로 -)

  • Byun, Eun Joo
    • Journal of Family Relations
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    • v.21 no.4
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    • pp.119-140
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    • 2017
  • Objectives: The purpose of this study is to investigate and confirm the main factors of IMAGO relationship therapy(IRT) which influences overcoming a crisis of divorce, the role of the Imago relationship therapist and the changes made by the couple themselves in the process of the therapy. Method: This case study was based on the interviews with a couple who had participated in ten sessions of IRT. The couple who had been in the middle of a divorce lawsuit withdrew their suit after the therapy. The Interviews were conducted twice on the couple. The data from the interviews were analyzed by using constant comparative analysis, open coding method and Miles & Huberman's network display. Results: The findings of the study were as follows. Firstly, the factors influencing overcoming a crisis of divorce included preparation for the Imago dialogue and the structure of the Imago dialogue. Secondly, the role of the therapist was providing safety and confidence, deepening couple's conversations, and building the connectedness of the couple. Thirdly, the changes evident after the therapy included awareness of the influence of the original family, new image formation for each spouse, intimacy restoration and a changed perspective. Conclusions: Based on the findings, the study can contribute to healthy relational progress of married couples in conflict by developing the conditions to effectively apply the IRT. In addition, this study can be used to equip therapists with necessary tools and abilities for the therapy.

A Study on Notary System for Web Postings Digital Evidences (웹 게시물 증거를 위한 공증 시스템 도입 연구)

  • Kim, Ah-Reum;Kim, Yeog;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.21 no.3
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    • pp.155-163
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    • 2011
  • Rumor or abusive web postings in internet has become a social issue. Web postings may be proposed on evidence in form of a screenshot in libel suit, but a screenshot can be easily modified by computer programs. A person can make ill use of the screenshot which is modified deliberately original contents to opposite meaning in a lawsuit. That makes an innocent person to be punished because it can have difficulties to verify despite analyzing the server data. A screenshot of web postings is likely to fail to prove its authenticity and it is not able to reflect the fact. If notarization for web postings is offered, clear and convincing evidence can be submitted in a court. So, related techniques and policies should be established In this paper, we propose some technical and legal conditions and design for notarization and archive system of web postings for litigation.

A Study of the Prevent Measure by Case Analysis of Apartment Building Defect Lawsuit (공동주택 하자소송 사례분석을 통한 분쟁방지 대책에 관한 연구)

  • Pyeon, Su-Jeong;Kim, Jong-Ho;Kim, Gyu-Yong;Choe, Gyeong-Chol;Son, Min-Jae;Nam, Jeong-Soo
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.4
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    • pp.257-268
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    • 2021
  • This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

Evaluation of Physicians' Perception of Patient Safety Incidents Including Disclosure Utilizing Hypothetical Clinical Vignettes

  • Kim, Juyoung;Pyo, Jee-Hee;Choi, Eun-Young;Lee, Won;Jang, Seung-Gyeong;Ock, Min-Su;Lee, Sang-Il
    • Quality Improvement in Health Care
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    • v.28 no.1
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    • pp.34-44
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    • 2022
  • Purpose:We investigated physicians' responses to a series of clinical vignettes consisting of patient safety incidents, with and without disclosure of patient safety incidents (DPSI). Methods: An anonymous survey was conducted to investigate physicians' responses to the DPSI via online communities of physicians, and additional participants were recruited using a snowballing sampling method. We evaluated physicians' responses to the DPSI using eight hypothetical scenarios (HS) from the following perspectives: thoughts regarding medical errors, revisiting the physician, recommendation, lawsuit, criminal prosecution, trust score, and compensation amounts. We used the chi-square test to evaluate the overall differences in response rates among the scenarios. Statistical analyses were performed using the Student's t-test to compare the trust scores and compensation amounts. Results: A total of 910 physicians participated in this survey. An overall comparison of trust scores among HS showed that HS 1 (unclear medical errors, minor harm, and DPSI) had the highest trust score. In contrast, in the opposite scenario, HS 8 (clear medical errors, major harm, and DPSI not conducted) received the lowest scores. Cases with minor harm to patients (HS 1, 2, 5, and 6) showed lower compensation amounts than the others (HS 3, 4, 7, and 8). Physicians were more likely to think of situations with DPSI as not having medical errors (53.1% vs. 55.2%). In addition, the scenarios with DPSI were evaluated favorably in terms of intention to revisit, recommend, suit, and engage in criminal proceedings. Physicians showed higher trust scores (6.2 vs 5.4) and gave lower compensation amounts ($27.7 million vs $28.1 million), although there was no significant difference in terms of compensation amounts to the physician conducting DPSI. Conclusion: Our study showed overall positive perceptions regarding DPSI among Korean physicians.