중국 지식재산권 관련 민법개정의 소개와 시사점

운박 ( Yun¸ Bo ),정연덕 ( Chung¸ Yeun-dek ) 건국대학교 법학연구소 2021 一鑑法學 Vol.- No.49

중국은 1954년, 1962년, 1979년, 2001년 4차례에 걸쳐 민법전 개정 작업을 하였다. 2019년 12월 16일에 최신 중국 민법전 초안을 공포하여 2020년 5월 28일 전국인대 3차회의에서 심의하여 통과되었으며 2021년 1월 1일부터 실행되었다. 다만 중국 개정 민법은 지식재산권과 관련한 내용은 여러 가지 문제가 있다. 중국은 한국처럼 지식재산기본법 같은 지식재산권에 대해 기본법이 없으며, 지식재산권 관련 법률은 모두 민법총칙에서 간략히 나열하고 저작권법, 특허법, 상표법, 부정경쟁방지법 등 개별법에서 다룬다. 민법개정 내용과 개별법에서 규정된 지식재산권 관련 내용은 충돌이 생길 수 있다. 법체계가 혼란하거나 조문이 중첩된 문제 그리고 지금까지 있었던 지식재산권 보호 범위 문제 또는 과학기술 발전에 따라 나타나는 새로운 지식재산권 보호 등에 문제가 있다. 이번에 처음으로 징벌적 손해배상제도를 명문으로 도입하고 온라인 불법행위에 대해 권리자, 이용자, 제공자의 해당 의무와 책임에 대해 신설하였다. 개정 민법 제123조는 지적재산권 객체의 범위를 넓혔지만 엄격한 법정주의 원칙은 새로운 지식재산을 적용한 제품을 새로 만들어지기 불리하도록 하였다. 엄격한 법정주의 원칙과 현행 단행법률이 충돌하고 있다. 둘째, 중국 지적재산의 입법, 사법, 특히 시장거래 활동의 발전은 10여년 전과 비교했을 때 엄청난 변화가 있었고, 지식재산계약에 대해 법률인식을 하고 있다. 이후에도 민법전 개정에서 지식재산권계약에 대한 통일된 규정을 마련할 필요가 있다. 셋째, 불법행위에 대해 네트워크제공자, 이용자, 권리자에 관련 규정이 있지만 정비되어야 할 규정도 존재한다. 이번 민법전 개정 내용 중에서 지식재산권에 관련 징벌적 손해배상제도 도입하고, 온라인 서비스제공자, 이용자, 권리자 해당 의무와 책임을 구체화하고 지식재산권에 대해 보호 강도 및 권리침해에 대해 대응 방법을 개선한 점도 있다. 현행 법률 중에 징벌적 손해배상에 대해 많은 혼란이 있지만 징벌적손해배상제도를 명문으로 중국 민법에서 규정한 것은 중국 내에 지식재산권 보호에 대해 매우 큰 의미가 있다. 중국의 지식재산침해를 우려하는 시선이 많아 이러한 법의 개정과 집행을 통하여 지식재산 침해 문제가 앞으로 개선될 수 있을 것이다. China made four revisions to the Civil Code in 1954, 1962, 1979, and 2001. The draft of the latest Chinese Civil Code Exhibition was implemented from January 1, 2021. However, China’s revised civil law has many problems related to intellectual property rights. China does not have a basic law on intellectual property rights, such as the Basic Act on Intellectual Property, and all laws related to intellectual property rights are briefly listed in the Civil Code and dealt with in individual laws such as copyright law, patent law, trademark law, and fraudulent competition prevention law. The amendment of the civil law and the intellectual property rights stipulated in the individual law can cause conflicts. There are problems such as confusion in the legal system or overlapping condolences, the scope of intellectual property rights protection so far, or the protection of new intellectual property rights that arise due to scientific and technological development. For the first, the punitive damages system was introduced in name and the responsibilities and responsibilities of the rights, users, and providers for online illegal activities were newly established. Article 123 of the revised Civil Code expanded the scope of intellectual property rights objects, but the strict legal principle made it difficult to create new products that applied new intellectual property. Strict legalism principles and current enforcement laws are at odds. Second, the development of Chinese intellectual property legislation, justice, and market trading activities has changed dramatically compared to more than a decade ago, and legal awareness of intellectual property contracts has been made. Afterwards, it is necessary to prepare unified regulations on intellectual property rights contracts in the revision of the Civil Code. Third, there are relevant regulations for illegal activities, but there are also regulations that need to be maintained, for network providers, users and rights holders. However, among the amendments to the Civil Code, the government introduced punitive damages on intellectual property rights, specified the obligations and responsibilities of online service providers, users, and rights holders, and improved measures to protect intellectual property rights and infringe rights. There is a lot of confusion about punitive damages among the current laws, but the provision of punitive damages in China’s civil law as a name means a lot to protect intellectual property rights in China. Many people are concerned about China’s infringement of intellectual property, so the issue of intellectual property infringement can be improved in the future through the revision and enforcement of such laws.

인천 경제자유 지역의 여행시스템에 관한 연구

윤보영 한국관광정책학회 2003 觀光政策學硏究 Vol.9 No.1

The Northeast Asia‘s economic hub includes Korea, China, and Japan. The conception of policy of becoming a hub country in Northeast Asia is also significant in that it intends to establish a network for mutual development with four dimensions-finance, logistics, tourism, and environment-connecting these three countries. Meanwhile, Hong Kong and Singapore are being classified into the economic bloc of Korea, China, and Japan as Hong Kong enters the Chinese economic bloc. It seems to take Mongolian and North Korean economic blocs a substantial amount of time to enter this economic hub. Those neighboring countries including China, Taiwan, Hong Kong, Singapore, and Japan are in a national level establishing extensive plans to capture a leading position as a business nucleus country in Northeast Asia; with such an environmental change in these neighboring countries, Korea is, though late, driving a strategy to be an international business hub actively by designating Incheon as a free economic zone with a 'Plan to Become a Business Hub in Northeast Asia.' During this process, considered are functions and roles of Incheon International Airport, the real significance of development of Yongyu-do, Mu-ui-do, and Song-do Neo-city, the role of tourism development in this region in establishing free economic zones, and how to create a travel system essential for successful free economic zones in Incheon. This study was conducted, considering that no new study made an approach to the problem of the travel system in free economic zones on which few studies were performed. In particular, the fact that few studies compared and analyzed the success of free economic zones and the potential for tourism and travel in similar free economic zones also motivated this study to start. Therefore, the study presents a problem that there is no international comparison of potential for travel between free economic zones and the travel system in those zones directly connected to the success of Incheon Free Economic Zones and seeks recognition of its value.

중국인 관광객 유치방안에 관한 연구

윤보영 문화관광연구학회 2000 문화관광연구 Vol.2 No.1

The objectives of study are to predict the tourism demand and chinese to analyze to attract Chinese tourists steadily. And they are to provide basic data to bring the development to korean tourist industry, also documentary and actual proofs studies had been done simultaneously. The main set-up spatial category for the actual proofs study were; the Metropolitan area, Jeju Island and Kyoung-ju where Chinese tourists usually visit in korea. And the direct survey research asking 20 topics in Chinese was done toward Chinese tourist and then it was analyzed by SPSSWIN statistically. As the above, the strategy for the attraction of Chinese tourists can be presented as follows; 1)In a way to develope tourism merchandising, it's requested to applicate and expend medium-low accomodations for package tourists such as youth hostel. 2)The development of distinguished cultural concerning Korean tradition and history. Also the development of tourism merchandising connecting the Chinese history. 3)The establishment of specialized restaurants that serve Korean characteristic traditional flood satisfying Chinese gourmandism. Naturally, the development of food merchandising is required. 4)The development of special events concerning various popular goods such as Insam and garments to Chinese tourists that can. For this, many goods with variety should be developed to stimulate tourists' interest of shopping. 5)Short-termly, the build-up publicity strategy is required to give the entire good reputation on Korea tourism. In a long term, the regular holding of promoting events that Korea-China Tourism Promoting Association joins in, and the gradual expansion of branches in China of Korea National Organization. They can be a publicity strategy that will expand and strengthen the activities of the publicity organization.

군 훈련병의 스트레스, 성인 주의력결핍 과잉행동장애 증상과 자살사고의 연관성에 관한 연구

이동윤,이철순,박철수,손진욱,김봉조,차보석,이소진 대한생물치료정신의학회 2011 생물치료정신의학 Vol.17 No.2

Objectives:This study is conducted to investigate the effect of Attention Deficit and Hyperactivity Disorder(ADHD) symptoms on stress and suicide idea among 224 conscripts. Methods:Total number of subject is 224 conscripts. We evaluate symptoms of adult ADHD with Korean-Wender Utah rating scale(K-WURS) and Korean adult attention-deficit/hyperactivity disorder scale(K-AADHDS), stress with Brief Encounter Psychosocial Instrument-K(BEPSI-K), suicide idea with Scale for suicide ideation(SSI) after basic military training. Multivariate logistic analysis with backward stepwise selection is performed to evaluate risk factors of stress. Multiple linear regression analysis with stepwise selection is performed to evaluate association of suicide idea with adult ADHD symptoms. Results:Stress is significantly associated with K-WURS score, K-AADHDS score and SSI score(p<0.01, p<0.05, p<0.01). K-WURS score are significant risk factor of stress after basic military training(p<0.05, O.R : 1.034, 95% CI : 1.005-1.065). And K-WURS score influence suicide idea after basic military training(p<0.05, β : 0.031). Conclusion:The result suggests that K-WURS score might be a risk factor of stress and could affect suicide idea.

利得償還請求權

윤보옥 仁荷大學校 法學硏究所 2002 法學硏究 Vol.5 No.-

韓國의 消費者保護制度에 관한 考察

尹寶玉 仁荷大學校 法學硏究所 1999 法學硏究 Vol.1 No.-

Debussy와 Ravel의 비교 연구

윤보희 이화여자대학교 한국문화연구원 1985 韓國文化硏究院 論叢 Vol.46 No.-

Born in France in the later half of the 19th century, both Debussy and Ravel came into contact with the emerging national music of Russia and Spain and also with non-European music such as Jazz of the black people of America, and Gamelan of Indonesia. Both of them inherited and developed the French movement to advance French musical tradition over against the orthodox European music which was dominated by the Germans from the classical period until the days of Wagner. Both of them entered and studied at Paris Conservatory but did not like the stuffy conservativism of the faculty and searched for something new. They were both in close touch with almost the same impressionist painters and symbolist writers of the day who, with a new way of dealing with reality, exerted tremendous influence on these two people, especially in relation to their compositions on nature, more specifically, Debussy's Reflets dans l'Eau and Ravel's Jeax d'Eau And yet one discovers some differences between the two in terms of their technique and style of composition. Debussy helps one to feel a vague sense of mystery behind the brilliant movements of water and light through description of his "impressions," whereas Ravel helps one to be impressed by the same movements through his meticulous and detailed manipulation of "musical objects" with a clearer outline. Debussy' Reflets dans l'Eau responds with extreme sensitivity to the minutest movements of water and light, and produces the play of sonority in such a way that it helps create a gorgeous world of imagination as well as mystical phantasy. Ravel's Jeux d'Eau demonstrates both technical brilliance and intellectual sophistication. The former, in order to be faithful to the " impressions" of nature, seems to neglect formality, whereas the latter seems to maintain his fidelity to the traditional form while trying to produce new effects by means of the invention of new technical details. In the process, both Debussy and Ravel enjoyed freedom in treatment of dissonance and abrupt juxtaposition of conflicting harmonies. They exploited parallel chords, forbidden consecutive intervals such as 4th, and 5th, 8th and 9th which Ravel particularly favored, church modes, organum-like 4ths and 5ths, pedal points, ostinato, bitonality, added notes and appoggiaturas. Both of them employ various arpeggio figures to depict the motion of water, and the regularity of slower notes to imitate the sound of water dripping. The fact that Debussy relies more on Whole-tone scale, whereas Ravel uses the pentatonic scale exclusively in Jeax d'Eau, tends to give Reflets dans l'Eau a bit of a murky quality. Also Ravel's tendency to exploit the upper register of the keyboard imparts a crystalline aspect to his portrayal of water. Frequent change in tempo is a common feature between the two composers, but it is more so in Debussy who produces a variety of figures and smooth rhythmic flow whereas in Ravel sharp rhythmic figures proceed within a set frame. In usage of repetition and development of motif and phrase it appears more logical and becomes an important element in Ravel, but in Debussy there is merely a simple continued repetition or a repetition with a slight change without any classical idea of motif development. Both Debussy and Ravel, who are called the pioneers of "impressionist" music, lived in France at nearly the same period with almost the same cultural background. And yet one sees certain differences in their musical style and technique as described above. Could one be allowed to trace such differences to the differences both in their family background, in their physical make-up and/or their life style? The answer depends on further comparative study of the two composers from a sociological and psychological perspective.

디스크 시스템의 설계를 위한 모의 실험에 대한 연구

장윤석,김홍일,김국보 대진대학교 1994 大眞論叢 Vol.2 No.-

I/O subsystems, especially, disk systems are the most important aspect at computer system performance for recent high-performance computer systems. But development of new d s k system consumes very high costs, it performed by simulation, in general. This paper researches accurate disk modeling techniques for basis of accurate simulation, and implements the disk model, and proves the modelled disk can be executed with small deviation, compares with real disk system, by trace-driven simulation The simulation program can widely be used for basic tool to develope new disk systems.

문주란과 아프리카문주란의 핵형분석

徐奉甫,李慶熙,金允景 慶北大學校 1992 論文集 Vol.52 No.-

The karyotypic analyses of Crinum asiaticum var. japonicum and C moorei var. album were carried out using conventional staining and Giemsa C-banding techniques, and distribution of B-chromosome was investigated. Chromosome compositions were diploid of 2n=22 in both species, of which five pairs including sat-chromosomes were submetacentrics, five pairs metacentrics and one pair subtelocentrics in C. asiaticum var. japonicum, but five pairs including sat-chromosomes were submetacentrics and the rest six pairs metacentrics in C. moorei var. album. Chromosome length was in a range of 5.6±0.4μm and 17.5±1.4 ㎛ in C. asiaticum var. japonicum, and 6.7±0.6㎛ and 15.8±4.7㎛ in C. moorei var. album. Consequently a little more variation in chromosome length was observed in C. asiaticum var. japonicum. Giemsa C-banding distribution of two species was very low, and thick C-bands were observed only near secondary constriction part of chromosome g. But there was a little difference in appearence of minor C-bands between two species, and this considered to be a characteristic of both species. B-chromosomes were observed only in C. asiaticum in a number of one to seven. But distinguishable morphological differences according to the different B-chromosome number were not observed.

ProFile, ProTaper™ 및 K-Flexofile 근관 성형시 근관의 만곡도에 따른 근관 형태 변화 비교연구

이보금,김동준,황윤찬,황인남,오원만 大韓齒科保存學會 2005 Restorative Dentistry & Endodontics Vol.30 No.4

본 연구는 ProFile, ProTaper및 K-Flexofile로 근관 성형시 근관의 만곡도에 따라 근관의 형태가 어떻게 변화하는 지를 비교 분석하고자 시행되었다. ISO #15 Hnger spreader를 15도, 30도 및 45도로 만곡시키고 에폭시 레진으로 각각도의 근관을 갖는 30개의 근관 모형을 제작하였다. 근관의 길이는 18 mm로 하였고 근관의 만곡은 근관의 입구로부터 10 mm부위에서 시작하도록 제작하였다. 근관 성형에는 엔진 구동형 니켈-타이타늄 파일인 ProFile과 ProTaper, 수동형 stainless steel 파일인 K-Flexonle을 사용하였다. ProFile과 ProTaper는 제조자의 지시에 따라 크라운다운법으로 근관 성형하였고, K-Flexofile은 스텝백법으로 근관 성형하였다. 근첨부 성형은 #25 파일 크기까지 시행하였다. 근관성형 전·후 이미지를 스캐너를 이용하여 얻고 Photoshop 7.0 프로그램을 이용하여 중첩하였다. 이미지 분석 프로그램을 이용하여 치근단 쪽에서부터 1, 2, 3,4, 5, 6, 7,8, 9 및 10 mm부위의 내·외측 폭경 변화와 총폭경 및 근관의 중심축에 대한 근관 변위을 측정하였다. 각 부위에서 내·외측 폭경과 총폭경 및 근관 변위의 유의성 검정을 위해 one-way ANOVA 분석을 시행하였으며 각 기구간의 유의성 검정은 Scheffe's test로 사후 분석하였다. 또한 기구의 변형과 파절 여부를 평가한 결과 엔진 구동형 니켈-타이타늄 파일인 ProFile과 ProTaper를 사용하여 근관성형시 수동형 스테인레스 스틸 파일인 K-Flexofile에 비해 근관의 변위를 적게 유발하고 특히 ProFile이 근관 성형시 바람직한 기구임을 시사하였다. The purpose of this study was to evaluate the canal configuration after shaping by ProFile, ProTaper and K-Flexofile in simulated resin canals with different angles of curvature. Three types of instruments were used : ProFile, ProTaper, K-Flexofile. Simulated root canals, which were made of epoxy resin, were prepared by ProFile, ProTaper with rotary instrument using a crown-down pressureless technique, and hand instrumentation was performed by K-Flexofile using a step-back technique. All simulated canals were prepared up to size 25 file at end-point of preparation. Pre and post instrumentation images were recorded with Scanner. Assessment of canal shape was completed with Image Analysis program. Measurements were made at 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 mm from the apex. At each level, outer canal width, inner canal width, total canal width, and amount of transportation from original axis were recorded. Instrument deformation and fracture were recorded. Data were analyzed by means of one-way ANOVA analysis of variance and the Sheffe' s test. The result was that ProFile and ProTaper maintain original canal shape regardless of the increase of angle of curvature than K-Flexofile. ProFile show significantly less canal transportation and maintained original canal shape better than ProTaper. [J Kor Acad Cons Dent 30(4):294-302,2005]