• Title/Summary/Keyword: remedy system

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Study on the Consumer Arbitration as a Remedy of Consumers' Damage (소비자피해구제제도로서 소비자중재에 관한 연구)

  • Kim, Do-Nyun;Lee, Dong-Ha
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.67-89
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    • 2018
  • An arbitration has great strength in the sense that it is a more rapid dispute resolution than a trial, and is means of dispute settlement for an achievement of the purpose which is the improvement of the rights and interests of consumers. Because the remedy of consumers' damage currently has not worked well, discussions about consumer arbitration as a universal Alternative Dispute Resolution (ADR) is needed. The core of the ADR is not only the professionality and neutrality of an arbitrator and a mediator, but also the non-impairment of the arbitration proceeding's fairness. In addition, it also has both economic feasibility and efficiency. Furthermore, providing an institutional strategy is necessary to ensure fairness in an arbitration award.

Study on the Civil Legal Remedies against Cyber Defamation

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.3
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    • pp.93-100
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    • 2018
  • Cyber defamation is the act of damaging the reputation of the other person on the Internet, and the act of attacking by the commenting the article through a word or blog. The reason why punishment is stronger than general contempt is that the nature of crime about defamation is worse than contempt. Also, punishment intensity is higher than defamation because the nature of cyber information spreads widely. Honor is not only a question of self-esteem or identity, but also a function that economically reduces the cost of seeking information or socially trustworthy. Through these two functions, it has been developed as a legal system to protect the honor as well as asking the legal sanction for defamation. However, although honor is used in various meanings in everyday life, the honor of legal level is understood in a more limited sense. It is because the law cannot actively lead and protect all honor feelings for one's feelings or mood occurred by hurt. However, if the social evaluation of a group or individual is undermined through a certain distortion of the truth, the law will actively intervene. However, due to the ambiguity of the legal sanctions standards and the identification of the parties involved in the defamation of cyberspace, it was difficult to solve the problems related to defamation in fact. Therefore, this paper will try to find out the problems of civil legal remedy due to the cyber defamation, and seek a solution for civil legal remedy.

Injunctions and Hold-up under Weak Patent Protection

  • SIM, KYOUNGBO
    • KDI Journal of Economic Policy
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    • v.42 no.2
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    • pp.1-30
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    • 2020
  • This paper analyzes how injunctions relate to patent hold-up problems. To this end, we present a simple model of licensing negotiations between a patent holder and a downstream firm in the shadow of litigation. More specifically, we consider the situation in which an injunction is granted as a matter of course if a patent is found valid and infringed upon in litigation, but the patent holder may be under-compensated due to aspects of the patent remedy system other than injunctions. We show that if the downstream user is unaware of the patent before any investment in initially designing its product, the patent hold-up problems created by injunction threats are worrisome when (i) the redesign process is costly, (ii) the degree of patent protection (by aspects of the patent remedy system other than injunctions) is sufficiently strong and (iii) the injunction is requested not to practice the patented technology exclusively but to collect excessive patent royalties. Even if the downstream user is aware of the patent before the initial investment, the patent hold-up problems do not disappear. The findings here imply that a discretionary approach is required towards denying injunctions against patent infringement. If the degree of patent protection is not sufficiently strong, denying injunctions can exacerbate the under-compensation problem. However, once patent protection improves enough (not necessarily perfectly), we may see a surge of patent hold-up problems, and it would be better to apply alternative patent remedies in place of injunctions when necessary. Lastly, we discuss several possible alternatives to injunctions and their pros and cons.

A Case Study on the Warranty in Marine Insurance under the Insurance Act 2015 in the UK -The Case of Korea and China- (영국 2015년 보험법의 해상보험 담보특약 제도에 대한 연구 -한국과 중국의 판례를 중심으로-)

  • Tae-Kun Ahn;Sung-Ryong Kim;Seung-Eun Lee
    • Korea Trade Review
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    • v.45 no.3
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    • pp.133-146
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    • 2020
  • In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

Evaluation of seaweed bioremediation capability in the Sustainable Seaweed Integrated Aquaculture System (SSIAS) (해조류 수질 정화능력을 이용한 해조 복합양식 시스템 개발 연구)

  • Chung, Ik-Kyo;Kang, Yun-Hee;Yang, Yu-Feng
    • Proceedings of the Korean Society of Fisheries Technology Conference
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    • 2003.05a
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    • pp.142-143
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    • 2003
  • Seaweeds are reconsidered as the biofilter and production component in the sustainable seaweed integrated aquaculture system (SSIAS) to .educe the environmental impact of nutrient rich effluent in the coastal ecosystem. The development of the SSIAS is initiated between China and Korea to remedy the coastal eutrophication caused by fed aquacultures. (omitted)

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Java-based LonTaIk/IP Network for Predictive Maintenance (PM)

  • Park, Gi-Heung
    • Proceedings of the Korean Institute of Industrial Safety Conference
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    • 2001.11a
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    • pp.31-35
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    • 2001
  • Recent trends require that access to the device/equipment information be provided from several locations or anywhere in the enterprise. One example is virtual machine/manufacturing system (VMS) where predictive maintenance is performed both on factory floor and in remote site through internet [1]. Internet access is increasingly available and affordable, and along with the "internet" is the backbone of modern enterprise data networks. Typical functions of such a system includes monitoring and control for diagnosis and remedy action in realizing preventive maintenance.(omitted)

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DNA chip Analysis of Psoriatic Skin during the Oriental Remedy (DNA chip을 이용한 건선의 한방치료에 관한 유전체 연구)

  • Kim Byoung Soo;Lee Sang Keun;Kim Hyun Woong;Lee Jeung Hoon;Lim Jong Soon;Kang Jung Soo
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.18 no.2
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    • pp.468-473
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    • 2004
  • Psoriasis is a chronic inflammatory disease of the skin characterized by epidermal hyperplasia, dermal angiogenesis, infiltration of activated T cells, and increased cytokine levels, and affects 1-3% of the world-wide population. Although many immunological and clinical reports indicate a role for the immune system in the pathogenesis of psoriasis, puzzling questions about psoriasis remain unsolved. During the several decade, immunosuppressor and PUVA treatment are ubiquitously used to psoriasis therapy. But recently, to promote terminal differentiation of keratinocytes, block either NK-Tcell or T-cell activation, and interrupting the angiogenic switch represent another therapeutic opportunity in psoriasis. To keep face with immunological therapy, the needs of newly designed prescription on the psoriasis treatments were demanded. With the object of understand the psoriasis from an orient medical point of view, patients were administrated the GY during several weeks. We investigated the changes of gene expression in involved and uninvolved skin samples during the oriental remedy. Microarray data showed several important results. First, Gene expression profiling is similar to each patient. Second, precursor proteins that organize cornified envelops are decreased at the end of remedy. But genes which related to apoptosis, G-protein signalling, and lipid metabolism are increased. Third, 68.5% of clustering genes localized on the psoriasis susceptibility locus. In our results indicated that GY influence on the keratinocytes hyperproliferation by regulating the gene, which located on the psoriasis susceptibility locus.

The Development of a Math-Friendly Activity Program for the Alleviation of Mathematics Anxiety (수학불안 감소를 위한 수학 친화적 활동 프로그램 개발)

  • Yoon, Rak-Kyeong;Jeon, In-Ho
    • Journal of Elementary Mathematics Education in Korea
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    • v.14 no.3
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    • pp.583-613
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    • 2010
  • Mathematics anxiety is likely to be a drag on mathematics learning if that is left alone, and it is important to grasp the cause of mathematics anxiety and devise how to get rid of it. The purpose of this study was to examine the cause of mathematics anxiety among elementary school children, to develop a math-friendly activity program geared toward easing mathematics anxiety and to check the effect of the developed program on the alleviation of mathematics anxiety. The subjects in this study were 32 students in a fourth-grade class in I elementary school located in Dongdaemoon-gu, Seoul. A math-friendly activity program was designed to alleviate the mathematics anxiety of the five subfactors-test anxiety, time constraints, comprehension, learning motivation and parent attitude-on which the students scored higher than their pretest collective averages. The mathematics anxiety pretest data, the objectives and content system of the current 7th national mathematics curriculum and the mathematics textbooks for 4-A and 4-B were analyzed to develop the math-friendly activity program that consisted of psychological remedy (positive thinking training) and non-psychological remedy (mathematics activities). After the program was implemented, we analyze the pretest and posttest mathematics anxiety data to determine the effect of the program. As a result, the collective averages of every student on math anxiety and its subfactors were lower in the posttest than in the pretest.

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The Outcomes and Tasks of Act on Medical Dispute Mediation (의료분쟁조정법 시행에 따른 성과와 과제)

  • Hyun, Doo-Yoon
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.117-144
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    • 2013
  • After several bills for the reasonable medical dispute resolution had been proposed for over twenty years, "Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation" was eventually enacted on April 7, 2011 and came into effect from April 8, 2012. This study evaluates the achievements and results of the past year, suggesting the future improvements or tasks. The main issue of Act on Medical Dispute Mediation is Korea Medical Dispute Mediation and Arbitration Agency. Therefore, the success of the Act depends on the outcomes of Korea Medical Dispute Mediation and Arbitration Agency. Although the Act has been enforced for only one year, this paper examines the outcomes of the Agency with limited materials for its development. Korea Medical Dispute Mediation and Arbitration Agency was established for rapid, fair, and effective medical dispute resolution. Thus, the evaluation of the performances of the Agency is based on the 1) rapidness, 2) fairness, and 3) effectiveness of the dispute resolution. To sum up, the system earned positive evaluations as for the rapidness and fairness, but some problems were indicated with regard to the effectiveness. As the system of medical dispute mediation and arbitration in Korea has no parallel in the world, other countries show many interests in it. The rapid and fair medical dispute resolution is of benefit in both patients and medical institutes and decreases social costs. As the Act had a difficult passage through Parliament, it should be maintained and improved continuously.

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