• Journal of the Korea Safety Management & Science
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• v.15 no.4
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• pp.131-136
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• 2013

Automobile was first introduced in 1903 in South Korea, the masses of the car was carried out rapidly compared to other countries. However, many people were killed in a traffic accidents and economic loss was occurred due to the spread of the automobile. In South Korea, 2012, traffic accident occurred 223,656 times, 5,392 fatality, 344,565 injured people. In the last five years, about 224,000 accidents per year were occurring. In other words, 610 traffic accidents occur and about 15 people pass away in one day. In addition, the proportion of traffic accidents is first place in the OECD countries and it is very high in the world. Understand occurrence tendency of traffic accident, accident frequency rate of the driver who drives more than 10 years was higher than the novice driver. In addition, as a result of examining the cause of the traffic accident, breach of safe driving obligation appears highest case (125,391 times), and followed by signal violation, break safety distance. Therefore, the majority of traffic accidents occurred by the lack of safety awareness of the driver. In this study, prevent the loss of human life and property in traffic disaster, by establish disaster prevention measures that investigated by questionnaire survey and statistical data of the state of consciousness and driving posture in response to the driving history of the driver.

• International Journal of Knowledge Content Development & Technology
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• v.10 no.1
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• pp.21-34
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• 2020

The paper looks at protecting copyright owners in Nigeria: a panacea for intellectual development. A descriptive survey design was adopted in carrying out the study. The sample size for the study was 112. Three research objectives guided the study. The study utilized a self-developed questionnaire for data collection. A total of 112 copies of the questionnaire were distributed to librarian and lecturers, out of which 108 copies were duly filled and returned, representing 96.4%. The collected data was arranged in frequency and analyzed using percentage and mean score. The findings revealed that protection of copyright will encourage creators of intellectual works, and that if authors are well remunerated there is likelihood of adequate availability of various publications to meet information needs of Nigerians. The result showed that the right to intellectual properties is one of the ways to encourage intellectual development. The finding revealed that copyright protection provides security for intellectual product and does not negatively affect the availability of intellectual materials. Based on the research findings, it was recommended that owners of intellectual property deserve good earnings for their intellectual works in order to promote Knowledge proliferation and availability so as to meet the reading needs of the citizens at the various levels. The study also recommended that all cases relating to copyright violation in our courts should be summarily dealt with. The study advocated that the provision on the punishment should be reviewed such that it could deter people from infringing on authors rights.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.11 no.1
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• pp.396-413
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• 2017

Dynamically checking the integrity of software at run-time is always a hot and difficult spot for trusted computing. Control-flow integrity is a basic and important safety property of software integrity. Many classic and emerging security attacks who introduce illegal control-flow to applications can cause unpredictable behaviors of computer-based systems. In this paper, we present a software-based approach to checking violation of control flow integrity at run-time. This paper proposes a high-performance and low-overhead software control flow checking solution, control flow checking at virtual edges (CFCVE). CFCVE assigns a unique signature to each basic block and then inserts a virtual vertex into each edge at compile time. This together with insertion of signature updating instructions and checking instructions into corresponding vertexes and virtual vertexes. Control flow faults can be detected by comparing the run-time signature with the saved one at compile time. Our experimental results show that CFCVE incurs only 10.61% performance overhead on average for several C benchmark programs and the average undetected error rate is only 9.29%. Compared with previous techniques, CFCVE has the characteristics of both high fault coverage and low memory and performance overhead.

• Journal of Internet Computing and Services
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• v.4 no.1
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• pp.75-86
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• 2003

In this paper, we extended hierarchial structure of managed object class to support Role-Based Access Control, and described constraint conditions that have support dynamic temporal function as well as statical temporal function established by management process. And we defined about violation notifications should report to manager when rules violate constraint conditions. Also we presented system architecture that support RBAC with MIB(Management Information Base) of ITU-T recommendation. By access control enforcement and decision function, constraint conditions and activated translation procedure of each roles are described, our system presents dynamic temporal property systematically.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.3-24
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• 2010

The contours of the definition of an indirect expropriation are not precisely drawn. In some recent ICSID decision, tribunals have interpreted the concept of indirect expropriation narrowly and have preferred to find a violation of the standard of fair and equitable treatment. Thus, I analyzed the three Requirements of Indirect Expropriation basis of ICSID Cases as below. First, the effect of measure upon the economic benefit value as well as upon the control over the investment will be the key question when it comes to deciding whether an indirect expropriation has taken place. Whenever this effect is substantial and lasts for a significant period of time, it will be assumed prima facie that a taking of the property has occurred. Second, legitimate play a key role in the interpretation of the fair and equitable treatment standard. But they also found entry into the law governing indirect expropriation. Finally, the duration of a government measure affecting the interests of a foreign investor is important for the assessment of whether an expropriation has occurred.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.177-225
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• 2011

Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

• International Commerce and Information Review
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• v.19 no.3
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• pp.197-214
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• 2017

It requires professional knowledge and much time to judge intellectual property rights infringement. The duties of customs administration are the balance between the propositon of trade facilitation through rapid clearance and the thesis of social security through exact examination. There is a view that the criminal procedure law control is necessary to the goods inspection of clearnce procedure if it is related to crimianl investigation. However, it seems that the customs law does not consider the goods inspection investigation as the investigation under judicial control, but only the mere administrative investigation. It can be said that the inspection of goods by customs law functioning as a clue of investigation is confined to the ordinary goods inspection, including the screening test. Searching for specific articles by specific informaition should be under the control of criminal procedure law because it constitutes the commencement of criminal investigation in criminal cases. This interpretation could be an opportunity as a harmonious operation between the goods inspection of customs clearance and the search and seizure of criminal procedure.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• Journal of Research and Publication Ethics
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• v.1 no.1
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• pp.23-28
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• 2020

Purpose: Focusing on Supreme Court precedents, we intend to establish criteria for judging research misconduct. Research design, data and methodology: In addition, I would like to propose the criteria for judging research misconduct by the KODISA, which applies the court's standards well in practice, and guidelines for preventing research misconduct. Research design, data and methodology: After classifying the case of research misconduct into six cases, the court's judgment and practical application will be reviewed. Results: First, research misconduct that has passed the disciplinary prescription can be punished. This is because the state of illegality continues to this day. Second, even if there were no punishment regulations at the time of research misconduct, it can be retroactively punished with the current punishment regulations. This is because research ethics is a universal and common standard and does not change. Third, if there is a fact that infringes on intellectual property rights, it is presumed unwritten intentions. Therefore, the act of taking and using the work of another person without permission or proper citation procedure, even if it is unintentional and for the public interest, is a research misconduct. Fourth, if there is an inappropriate citation notation, the intention of research misconduct is presumed. It is the judgment of the court that even if a quotation is marked, if it is incomplete, it is recognized as plagiarism. Fifth, if the author uses the work of another person without proper source indication, it is plagiarism even if the other person who owns the copyright agrees to it. The understanding or consent of some parties does not justify research misconduct in violation of public trust. Sixth, it is a research misconduct to create a new work without citations for one's previous work. In addition, even if there is a citation, if the subsequent writing is not original, it is a research misconduct. Conclusions: Academia should clarify the scope of research misconduct by referring to the Research Ethics Regulations of KODISA, and deal with research results that lack the value as creative works similar to those of research misconduct.

• Journal of the Ergonomics Society of Korea
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• v.34 no.5
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• pp.455-467
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• 2015

Objective: The present study suggested practical measures for successful patent registration based on a review of success and failure cases of patent application filed based on inventions obtained from physical ergonomics research. Background: The protection of intellectual property (IP) contributes to economic growth and competitiveness and facilitates innovation and creativity. IP rights are pursued on research findings for effective technology transfer and commercialization; however, a patent application can be rejected if patentability requirements such as patent eligible subject matter, utility for industrial application, novelty, or non-obviousness are not satisfied. Method: Three successful and three failed cases of patent applications based on physical ergonomics research were reviewed, critical reasons for their successes and failures were examined, and measures were proposed to avoid failures in patent registration. Results: The following measures were identified based on the patent application case review. First, abstract ideas including logical procedures and/or mathematical formulas need to include use of tangible apparatus and methods in idea realization. Second, the provision of grace period inventor disclosure exception needs to be properly followed in case an invention is disclosed before filing of patent application. Lastly, a comprehensive analysis of prior art published or publicly known anywhere in the world and a claim preparation of distinguished, non-trivial features compared to prior art solutions are needed to avoid possible violation of novelty and non-obviousness. Application: The proposed measures can help to prepare a patent application with patent eligibility.