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Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

A hybrid algorithm for the synthesis of computer-generated holograms

  • Nguyen The Anh;An Jun Won;Choe Jae Gwang;Kim Nam
    • Proceedings of the Optical Society of Korea Conference
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    • 2003.07a
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    • pp.60-61
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    • 2003
  • A new approach to reduce the computation time of genetic algorithm (GA) for making binary phase holograms is described. Synthesized holograms having diffraction efficiency of 75.8% and uniformity of 5.8% are proven in computer simulation and experimentally demonstrated. Recently, computer-generated holograms (CGHs) having high diffraction efficiency and flexibility of design have been widely developed in many applications such as optical information processing, optical computing, optical interconnection, etc. Among proposed optimization methods, GA has become popular due to its capability of reaching nearly global. However, there exits a drawback to consider when we use the genetic algorithm. It is the large amount of computation time to construct desired holograms. One of the major reasons that the GA' s operation may be time intensive results from the expense of computing the cost function that must Fourier transform the parameters encoded on the hologram into the fitness value. In trying to remedy this drawback, Artificial Neural Network (ANN) has been put forward, allowing CGHs to be created easily and quickly (1), but the quality of reconstructed images is not high enough to use in applications of high preciseness. For that, we are in attempt to find a new approach of combiningthe good properties and performance of both the GA and ANN to make CGHs of high diffraction efficiency in a short time. The optimization of CGH using the genetic algorithm is merely a process of iteration, including selection, crossover, and mutation operators [2]. It is worth noting that the evaluation of the cost function with the aim of selecting better holograms plays an important role in the implementation of the GA. However, this evaluation process wastes much time for Fourier transforming the encoded parameters on the hologram into the value to be solved. Depending on the speed of computer, this process can even last up to ten minutes. It will be more effective if instead of merely generating random holograms in the initial process, a set of approximately desired holograms is employed. By doing so, the initial population will contain less trial holograms equivalent to the reduction of the computation time of GA's. Accordingly, a hybrid algorithm that utilizes a trained neural network to initiate the GA's procedure is proposed. Consequently, the initial population contains less random holograms and is compensated by approximately desired holograms. Figure 1 is the flowchart of the hybrid algorithm in comparison with the classical GA. The procedure of synthesizing a hologram on computer is divided into two steps. First the simulation of holograms based on ANN method [1] to acquire approximately desired holograms is carried. With a teaching data set of 9 characters obtained from the classical GA, the number of layer is 3, the number of hidden node is 100, learning rate is 0.3, and momentum is 0.5, the artificial neural network trained enables us to attain the approximately desired holograms, which are fairly good agreement with what we suggested in the theory. The second step, effect of several parameters on the operation of the hybrid algorithm is investigated. In principle, the operation of the hybrid algorithm and GA are the same except the modification of the initial step. Hence, the verified results in Ref [2] of the parameters such as the probability of crossover and mutation, the tournament size, and the crossover block size are remained unchanged, beside of the reduced population size. The reconstructed image of 76.4% diffraction efficiency and 5.4% uniformity is achieved when the population size is 30, the iteration number is 2000, the probability of crossover is 0.75, and the probability of mutation is 0.001. A comparison between the hybrid algorithm and GA in term of diffraction efficiency and computation time is also evaluated as shown in Fig. 2. With a 66.7% reduction in computation time and a 2% increase in diffraction efficiency compared to the GA method, the hybrid algorithm demonstrates its efficient performance. In the optical experiment, the phase holograms were displayed on a programmable phase modulator (model XGA). Figures 3 are pictures of diffracted patterns of the letter "0" from the holograms generated using the hybrid algorithm. Diffraction efficiency of 75.8% and uniformity of 5.8% are measured. We see that the simulation and experiment results are fairly good agreement with each other. In this paper, Genetic Algorithm and Neural Network have been successfully combined in designing CGHs. This method gives a significant reduction in computation time compared to the GA method while still allowing holograms of high diffraction efficiency and uniformity to be achieved. This work was supported by No.mOl-2001-000-00324-0 (2002)) from the Korea Science & Engineering Foundation.

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Effects and Molecular Mechanisms of Eupatorium chinensis var. simplicifolium Extract on Abnormal Proliferation of Vascular Smooth Muscle Cells (등골나물추출물의 혈관 평활근 세포의 비정상 증식에 대한 억제 효과 및 분자기작)

  • Kim, Min-Jeong;Kim, Jihee;Lee, Jin-Ho;Kim, Minah;Woo, Keunjung;Kim, Han Sung;Kim, Tack-Joong
    • Journal of Life Science
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    • v.31 no.9
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    • pp.787-795
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    • 2021
  • Eupatorium chinensis var. simplicifolium (EUC) has anti-inflammatory and antioxidant effects. Young sprouts of EUC have been used as food for a long time, and the whole EUC plant has been used as an herbal remedy in oriental medicine. Arteriosclerosis, or chronic inflammation in arterial vessels, is a cardiovascular disease and is involved in various disorders. Cardiovascular diseases such as restenosis and neuropathic hyperplasia are mainly caused by abnormal growth and movement due to multiple growth factors in vascular smooth muscle cells (VSMCs). Platelet-derived growth factor (PDGF) is a mitogen released from damaged vessel walls and is involved in the proliferation and migration of VSMCs. To determine the effects of EUC on the abnormal proliferation and migration of VSMCs, the present study investigated intracellular signaling pathways in PDGF-BB-induced VSMCs treated with and without EUC. Pretreating PDGF-BB-induced VSMCs with EUC tended to effectively decrease cell proliferation and migration. Subsequently, the intracellular growth-related signaling pathways of AKT, phospholipase C gamma (PLC-γ), and mitogen-activated protein kinase (MAPK) were investigated using western blotting to confirm inhibited phosphorylation. Furthermore, flow cytometry data showed that EUC blocked the cell cycle of VSMCs. These results suggest that EUC can inhibit the proliferation and migration of VSMCs by controlling the cell cycle and growth factor receptors. Furthermore, this indicates that EUC can be used as a preventative against cardiovascular disease resulting from abnormal proliferation and migration of VSMCs.

Conditioned Media of RAW 264.7 Cells Stimulated with Phellinus linteus Extract Regulates the Epithelial-mesenchymal Transition in Prostate Cancer Cells (상황버섯에 의해 활성화된 RAW 264.7 대식세포주 배양액의 인간 전립선암 세포주의 epithelial-mesenchymal transition 조절)

  • Kang, Taewoo;An, Hyun-Hee;Park, Sul-Gi;Yu, Sun-Nyoung;Hwang, You-Lim;Kim, Ji-Won;Ahn, Soon-Cheol
    • Journal of Life Science
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    • v.29 no.8
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    • pp.904-915
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    • 2019
  • Prostate cancer (PCa) is one of the most metastatic tumor. Although hormone therapy or surgical castration is mostly conducted to treat PCa, it has a lot of side effects. Recently, many researchers have been exploring the tumor microenvironment to remedy these circumstances. Immune cells, especially macrophages, are an important composition of the tumor microenvironment. Under normal conditions, macrophages exhibit mild tumoricidal activity against tumors. However, once activated by interferon gamma or lipopolysaccharides, macrophages can kill cancer cells directly or indirectly by secreting cytokines and chemokines. In this study, murine macrophage RAW 264.7 cells were treated with Phellinus linteus extract. To analyze their pro-inflammatory phenotype, we were used several assays such as a real-time polymerase chain reaction, an enzyme-linked immunosorbent and nitric oxide assay. Prostate cancer cells were treated with the RAW 264.7-conditioned media, which was identified as a pro-inflammatory nature, for 48 h, and the expression of epithelial-mesenchymal transition (EMT)-related genes was determined. Not only N-cadherin, Snail, Twist, Slug, and Cadherin 11, which are mechenchymal-related proteins, were decrease, but epithelial marker of E-cadherin was increased. In addition, the mRNA level of vimentin, ccl2, and vegfa were decreased, as the EMT is closely related to the migration and invasion of cancer cells. In conclusion, the RAW 264.7-conditioned media stimulated with P. linteus extract inhibited migration and invasion and regulated the EMT pathway in human prostate cancer cells.

Christian Education with the Socially Disadvantaged in and after the Covid-19 Pandemic (사회적 약자와 함께 하는 기독교교육)

  • Kim, Doil
    • Journal of Christian Education in Korea
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    • v.64
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    • pp.51-79
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    • 2020
  • This study was conducted to pursue Christian education with the socially underprivileged in the era of the Corona-19 pandemic. Corona-19 is a disaster which is caused, destroyed and exploited by human being. At the time of the indiscriminately spreading global pendemic, we must work together to overcome our selfish self-centeredness and make an attempt for everyone in need. It is a study on how humans can help each other survive in the era of Corona-19 and its post-corona. The problem is that there is too much discrimination between the state, race, and economic capacity, and in the end, the extreme discrimination of capitalism is appeared in society and across the country. There is no significant difference in the confirmation rate when Corona-19 infiltrates, but there is a big difference between those with and less in mortality. As a result, today's reality is that people who have a hard time living because they have less usually are far more vulnerable to blocking and defeating virus attacks. Unfortunately, this is the current situation. From the standpoint of a large discourse, attention is paid to climate change and ecological environment, and as a micro discourse, a number of societies who live with tremendous discrimination according to the gap between the rich and the poor (it is gender, race, disabled, nationality) that exist in almost all countries on the planet. We need attention to the weak. To this end, discourses on vaccine inequality, discourses on the needs of the disabled, discourses on different racial damages, discourses on polarization and dystopia, and discourses on educational inequality were treated as the reality faced by the socially underprivileged in the Corona 19 pandemic. To explore Christian education with the socially underprivileged, to explore ways of sharing, giving, and solidarity for win-win, discourse on inter-dependence and mutual responsibility of mankind, direct counter-measures for the socially underprivileged, and critical literacy education. He proposed a discourse on Korea, a discourse on Homo sapiens, which must return to being a part of creation, and finally a theology of friendship with the weak. Christian education based on Bible words must go forward in the era of the Corona 19 pandemic, hungry, naked, nowhere to go, sick, but dying because of being unable to get a remedy. He emphasized the need to establish a caring theology of friendship and pursue a life in which thought and practice harmonize. Thus, the paper proposed the spirit of Christian education not only doing something for the socially weak, but with the socially weak in the daily life.

A Study on the concern and change of form and matter in medical conversation by writing (의학필담 형식과 내용의 상관성 및 변천에대한 연구 - '~ 록(錄)', '~ 의담(醫談)', '~ 필어(筆語)'를 중심으로 -)

  • Kim, Hyung-Tae
    • (The)Study of the Eastern Classic
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    • no.37
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    • pp.217-248
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    • 2009
  • 'Pil-dam-chang-su-jib'(collection of conversation by writing about poetry or sentences) which was remained in Japan through the dispatching of Tong-sin mission belong to the Joseon dynasty is a valuable historical records directly to verify sincere relationships with Korea and Japan in the past. At the center of the 'Pil-dam-chang-su-jib', a conversation of senators who was technocrat both countries at that time was not a little contained. Because they need to exchange information and opinions which they had been curious at an appointed hour, the most impending medical problems of that period had to be brought out in the senator's 'Pil-dam-chang-su-jib' and the value of material is high as much. If you examine the 'Pil-dam' records which was exchanged from senators to senators of both countries at that time, you can directly confirm the universality and difference of the medical science and medicine tradition of various East Asian countries. The purpose of a paper was in consolidation to a base of translation and investigation hereafter to consider the characters embodied in medical conversation in the first half of $18^{th}$ centuries. '~ Rok(錄)' can be an opportunity to organize the customs history through the studying an illness, medicines and a remedy. The necessity of the investigation about medical related conversation by writing is in this place. '~ Ui-dam(醫談)' is considering with the all factors above, the first half of 18th century's medical conversation materials are certificated remarkably valuable materials to the cultural history around the physician at that time. '~ Pil-ur(筆語)' is to use of questions and answers form gives presence and reality at the conversation by writing. So, conversation was let the readers to gain the feeling of movement. Also, the contents are substantially reflected the long history of Eastern medical and revealed medical science, treatment reality at that time. Not correspondent with normal collection of conversation by writing, the medical conversation by writing shows a special quality at rich material to confirm the technocrat's identity. The first half of $18^{th}$ century medical conversation by writing had been a foundation of the rational description system at the coming medical conversation to change the description system according to the envoy's coming situation.

Anti-inflammatory Effects of Hemistepta lyrata Bunge in LPS-stimulated RAW 264.7 Cells through Regulation of MAPK Signaling Pathway (LPS로 유도된 RAW 264.7 대식세포의 염증반응에서 MAPK 신호경로 조절을 통한 지칭개 에탄올 추출물의 항염증 효과)

  • Kim, Chul Hwan;Lee, Young-Kyung;Jeong, Jin-Woo;Hwang, Buyng Su;Jeong, Yong Tae;Oh, Yong Taek;Cho, Pyo Yun;Kang, Chang-Hee
    • Korean Journal of Plant Resources
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    • v.34 no.1
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    • pp.23-30
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    • 2021
  • Hemistepta lyrata Bunge (HL) has been used as a folk remedy to treat cancer, inflammation, bleeding, hemorrhoids and fever, and leaves and young shoots have been used as famine food. Nevertheless, the biological activities and underlying mechanisms of the anti-inflammatory effects remain unclear. In this study, it was undertaken to explore the functions of the aerial part of HL as a suppressor of inflammation by using RAW 264.7 cells. As immune response parameters, the productions of as nitric oxide (NO) and prostaglandin E2 (PGE2), cytokines such tumor necrotic factor (TNF)-α and interleukin (IL)-6 were evaluated. Although the release of TNF-α remained unchanged in HL-treated RAW 264.7 cells, the productions of NO, PGE2 and IL-6 were significantly increased at concentrations with no cytotoxicity. Furthermore, HL significantly attenuated the mitogen-activated protein kinases (MAPK) pathway including decreasing the phosphorylation of the extracellular signal-regulated kinase (ERK1/2) and p38 mitogen-activated protein kinases. Collectively, this study provides evidence that HL inhibits the production of major pro-inflammatory molecules in LPS-stimulated RAW 264.7 cells via suppression of ERK and P38 MAPK signaling pathways. These findings suggest that the beneficial therapeutic effects of HL may be attributed partly to its ability to modulate immune functions in macrophages.

A Study for operation results of the comprehensive examination on tendering system in the cultural heritage repair and restoration, focusing on the cause of the decline in the winning bid rate (문화재수리 종합심사낙찰제·종합평가낙찰제 운영결과 및 낙찰률하락 원인 분석)

  • JUNG, Younghun;YUN, Hyundo
    • Korean Journal of Heritage: History & Science
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    • v.55 no.1
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    • pp.111-132
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    • 2022
  • The comprehensive examination on tendering system has been introduced to the Cultural Heritage repair and restoration field since 2016 to remedy the repair issues of South Gate in 2014. The Cultural Heritage Administration tried to attain the high performance of the cultural heritage repair and restoration works securing the proper payment for the repair and restoration works. It is high time to review the operating performance of the comprehensive examination on tendering system (hereinafter referred to as the "CEOTS"), as the system has been run for over 5 years to correspond with its original goal, i.e., "The Proper Payment in return for the High Performance of Repair and Restoration works." This study intends to analyze 114 tenders of CEOTS from 2016 to 2020. As a result of the analysis of 114 tenders, firstly, more than half of bid winners were in the top 20% of repair & restoration capacity disclosure amount list, which mostly fulfilled the goal of 'attaining high performance.' Secondly, as the winning bid rate is decreasing from 86.847% in 2017 to 85.488% in 2020, the goal of 'guarantee of a proper payment' is not achieved yet. Thirdly, the influence of Economic Evaluation section in CEOTS has been grown since the change of scoring system in CEOTS in 2019. This study identifies two reasons why the winning bid rate of CEOTS has decreased. Firstly, it is caused by the fact that 'the group that got more than 1st place' and 'the first place group' that are more than half of the total bidders have the decreasing bidding rate trend as the years go by. Secondly, the exclusion rate of 'the group that got more than 1st place' is higher than the exclusion rate of 'the group that got less than 1st place', which means the expected winning rate would be lowered. It is proposed that the revision of CEOTS code is needed, i.e. easing the strict rule concerning the exclusion rate as well as setting up the lower bidding limit to prevent the excessive decreasing winning bid rate.

Evaluation Antioxidant and Anti-inflammatory Activity of Ethanolic Extracts of Myriophyllum spicatum L. in Lipopolysaccharide-stimulated RAW 264.7 Cells (이삭물수세미(Myriophyllum spicatum L.) 에탄올 추출물의 항산화와 항염증 효과)

  • Chul Hwan Kim;Young-Kyung Lee;Min Jin Kim;Ji Su Choi;Buyng Su Hwang;Pyo Yun Cho;Young Jun Kim;Yong Tae Jeong
    • Korean Journal of Plant Resources
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    • v.36 no.1
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    • pp.15-25
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    • 2023
  • Myriophyllum spicatum L. has been used as an ornamental in ponds and aquariums, and as a folk remedy for inflammation and pus. Nevertheless, the biological activity and underlying mechanisms of anti-inflammatory effects are unclear. This study is aimed at investigating the antioxidative and anti-inflammatory activities of ethanol extract of Myriophyllum spicatum L. (EMS) in lipopolysaccharide (LPS)-stimulated RAW 264.7 cells. Antioxidant activity of EMS was assessed by radical-scavenging effects on ferric reducing antioxidant power (FRAP) and 2,2-diphenyl-1-picrylhydrazyl (DPPH) free radicals. As inflammatory response parameters produced by LPS-stimulated RAW 264.7 cells were quantified to assess the anti-inflammatory activity of EMS. Our results showed that EMS increased FRAP and DPPH radical-scavenging activity. In EMS-treated RAW 264.7 cells, the production of NO, PGE2, TNF-α and IL-1β was significantly inhibited at the non-cytotoxic concentration. In addition, EMS significantly attenuated LPS-stimulated the toll-like receptor (TLR) 4/myeloid differentiation protein (MyD) 88 signaling pathway, and inhibited nuclear translocation of nuclear factor-kappa B(NF-κB). Positive correlations were noted between anti-inflammatory activity and antioxidant activity. In conclusion, it was indicated that EMS suppresses the transcription of inflammatory factors by inhibiting the TLR4/MyD88/NF-κB signaling pathway, thereby suppressing LPS-stimulated inflammation in RAW 264.7 cells. This study highlights the potential role of EMS against inflammation and associated diseases.

A case study of blockchain-based public performance video platform establishment: Focusing on Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do (블록체인 기반 공연영상 공공 플랫폼 구축 사례 연구: 경기도 뉴미디어 예술방송국 경기아트온을 중심으로)

  • Lee, Seung Hyun
    • Journal of Service Research and Studies
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    • v.13 no.1
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    • pp.108-126
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    • 2023
  • This study explored the sustainability of a blockchain-based cultural art performance video platform through the construction of Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do. In addition, the technical limitations of video content transaction using block chain, legal and institutional issues, and the protection of personal information and intellectual property rights were reviewed. As for the research method, participatory observation methods such as in-depth interviews with developers and operators and participation in meetings were conducted. The researcher participated in and observed the entire development process, including designing and developing blockchain nodes, smart contracts, APIs, UI/UX, and testing interworking between blockchain and content distribution services. Research Question 1: The results of the study on 'Which technology model is suitable for a blockchain-based performance video content distribution public platform?' are as follows. 1) The blockchain type suitable for the public platform for distribution of art performance video contents based on the blockchain is the private type that can be intervened only when the blockchain manager directly invites it. 2) In public platforms such as Gyeonggi ArtOn, among the copyright management model, which is an art based on NFT issuance, and the BC token and cloud-based content distribution model, the model that provides content to external demand organizations through API and uses K-token for fee settlement is suitable. 3) For public platform initial services such as Gyeonggi ArtOn, a closed blockchain that provides services only to users who have been granted the right to use content is suitable. Research question 2: What legal and institutional problems should be reviewed when operating a blockchain-based performance video distribution public platform? The results of the study are as follows. 1) Blockchain-based smart contracts have a party eligibility problem due to the nature of blockchain technology in which the identities of transaction parties may not be revealed. 2) When a security incident occurs in the block chain, it is difficult to recover the loss because it is unclear how to compensate or remedy the user's loss. 3) The concept of default cannot be applied to smart contracts, and even if the obligations under the smart contract have already been fulfilled, the possibility of incomplete performance must be reviewed.