• The Journal of the Korea Contents Association
• /
• v.11 no.10
• /
• pp.115-127
• /
• 2011

As broadcasting contents are recognized as a key competition means, there are issues raised such as improvement of terrestrial retransmission system, introduction of PAR in broadcasting market and so forth. Especially, in pay broadcasting market, strategic partership between SP and PP leads to contents exclusivity for competitors, which causes to hinder normal competition and limit viewers' right of access. Consequently, not only is it claimed that essential facilities doctrine should be adopted in broadcasting market, but also clause of content equal access in IP TV law and adoption of prohibited acts regulation can be viewed in the same context. However, adoption of essential facilities doctrine in broadcasting market is likely to be counterproductive because of the differences of philosophies, economies and legal systems on which general facilities and contents are based. Therefore, it is time for a essential facilities concept, a fundamental concept of a refusal to dealing of essential facilities, and basic works to review specific cases and precedents implemented in competition laws market This study aims to review and propose beforehand if adoption of essential facilities doctrine is appropriate for broadcasting contents.

• The Journal of the Korea Contents Association
• /
• v.7 no.6
• /
• pp.107-118
• /
• 2007

This study examined the standard how to deal with infringement of copyright legally, by looking at several examples of the infringement of copyright in local video works. When we look at precedents relating to copyrighted motion pictures, there are many times when two works seem quite similar but don't get conformed to the infringement of copyright by deliberating the similarities feebly. Although the Idea seems same, the creative expression is admitted and the substantial similarity is denied. For example, in the case of the soap opera, 'Kareiski', the court presented a standard of judgment by organizing the facts, based on the subjective element, dependence on proof and the objective element, the substantial similarity In the case of 'Fox and the Cotton Candy', the dependence on proof and the substantial similarity were examined as usual but when examining the substantial similarity, it was examined in more specific details. This case is a good reference for solving such a case in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.66
• /
• pp.149-170
• /
• 2015

State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.66
• /
• pp.25-46
• /
• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• Journal of the Korean Society of Physical Medicine
• /
• v.13 no.2
• /
• pp.147-156
• /
• 2018

PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors' guidelines. My paper aims to discuss these topics. METHODS: This study was based on a review of literature and an analysis of judicial precedents. RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors' guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism. CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors' guidelines into indirect and direct types, if there's no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.

• The Korean Society of Law and Medicine
• /
• v.5 no.2
• /
• pp.294-319
• /
• 2004

Because the treatment of a physician generally pertains to the intrusion into body of a patient, his/her consent is a must in order for such conduct to be justifiable. To ensure effective consent of a patient, the physician should fully inform him/her of kind and details of the disease and way of treatment and risks associated with it. The patient can, then, make a decision whether he/she should accept any treatment or operation, if necessary, on the basis of such information. The obligation of physicians to explain has since long been recognized as important in view of guaranteeing the rights of patients for self-decision and protecting them from arbitrary assessment of physicians for treatment. Progress has been made in this respect even to the extent that physicians treat patients on equal terms and think first of all much of establishing trustworthy relationships with patients. Lots of studies in Korea and foreign countries have tried to explore the issues concerning the obligation of physicians to explain in the meantime but seem to have failed to make concrete and versatile approaches from the standpoint of protecting the rights of patients. Wouldn't it be really possible for patients to perceive their own rights and cope actively with the medical treatments? If physicians have full understanding to the rights of patients, they will be put in a better situation to protect themselves and patients, in turn, can identify their own responsibility correctly, which will eventually contribute to fulfilling the goal of treatment. With this background, the present paper examines briefly the obligations of physicians for explanation based mainly on the preceding theories and judicial precedents in the first place and then deals with the status quo and contents of the German medical laws, with a focus on the treaty of European Law 1997 and its working document on the applications of genetics for health purposes that stipulate the detailed criteria on the medical treatment and rights of patients and Germany's $\ulcorner$Charter of Rights for Patients$\lrcorner$ promulgated in 2003.

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.141-171
• /
• 2019

Nurses are medical personnels under the Medical Service Act and perform medical practice such as medical assistance at medical institutions. The nurse, a medical personnel, provides emergency medical service to emergency patients in the pre-hospital emergency medical system as a 119 rescuer based on the Act on 119 Rescue and Emergency Medical Services. The scope of practice of nurses is comprehensively defined in the Medical Service Act and specified through precedents. In contrast, The scope of work of emergency medical technician is listed in detail. It is understood that nurses in the pre-hospital emergency medical service system have a wider scope of practice than emergency medical technician. In particular, the scope of practice of nurses as emergency medical personnel in the pre-hospital emergency medical system should be interpreted differently within the medical institution, considering the urgency of the patient, being transferred to the emergency medical institution, and the specificity of medical direction through tele-communication.

• Journal of Radiation Protection and Research
• /
• v.35 no.1
• /
• pp.12-20
• /
• 2010

In a primary system at nuclear power plants (NPPs), various radionuclides including fission products and corrosion products are generated due to the complex water conditions. Particularly, $^3H,\;^{14}C,\;^{58}Co,\;^{60}Co,\;^{137}Cs,\;and^{131}I$ are important radionuclides in respect of dose assessment for radiation workers and management of radioactive effluents. In this paper, the dominant contributors of radiation exposure for radiation workers and the member of public adjacent to NPPs were reviewed and the process of dose assessment attributable to those contributors were introduced. Furthermore, the analysis for some examples of radiation exposure to radiation workers and the public during the NPP operation was carried out. This analysis included the notable precedents of internal radiation exposure and contamination of demineralized water occurred in Korean NPPs. Particularly, the potential issue about the dose assessment of tritium and carbon-14 was also reviewed in this paper.

• Journal of the Korea Society of Computer and Information
• /
• v.23 no.6
• /
• pp.75-79
• /
• 2018

The purpose of this paper is to introspect again the role of the criminal law at a time when it is said that numerous criminal and legal discussions are needed to develop the so called "reply manipulation " case that is shaking the nation's political history. The research method considered the literature and precedents discussed in the past, and discussed the issue of subculture abuse caused by the internet, which is a product of convenience and affluence that came with the Forth industrial revolution through criminal law. Through a computer program, a discussion was held on what penalties would be imposed on the criminal law for attempting to manipulate public opinion by manipulating the so-called number of comments or Reaction. Question of whether the criminal law should further emphasize the need for a discussion on the need for a method to strengthen the preventive functions of the criminal law and expand the scope of punishment in order to address new causes of risk that came with the development of science. Without reflecting on whether such as "government-inspired demonstration "would be possible in today's world that was in the public perception of the authoritarian government of the past, it is a problem to see that the political goals of a particular group can be achieved by manipulating comments or creating public opinion on the Internet. The duty of criminal law is to protect the interests of the law. The role of the criminal law should be maintained the self limiting as far as possible in cases of violation or danger of the law. Still, it is a problem that the role of the criminal justice system today is too aggressive and is seen as a top tool rather than a last resort for solving problems. he role of the internet will be expanded further in the Hyper Connected society. To solve these problems, we should look forward to a change in the priority of other laws and policies other than criminal law.

• Journal of the Korea Society of Computer and Information
• /
• v.13 no.3
• /
• pp.237-242
• /
• 2008

This study aims to provide theoretical base in criminal law for engineers in the viewpoint of jurists to encourage interdisciplinary studies on cyber crimes. Apart from seriousness of discussion on torrent cyber crimes, a good effect of the internet networks such as sharing of information has bee emphasized while the evil influence of its side effect has been neglected. Therefore, this study suggests that we need to consider reinforcement of cyber ethics, and legal mind of IT technicians, strict security by managers, active efforts to develop legitimate contents by managers of web hardware and P2P, and reinforcement of punishments against crimes by internet users. And this study approaches new norms on computer and cyber crimes in interpretational sense of criminal law, and provides the theoretical base of the criminal law focusing on traditional theories, assumptions, and precedents involved in regulations against computer virus distribution.