저작권 분쟁에 있어서 외국적 요소와 준거법 결정

오승종 ( Oh¸ Seung Jong ) 홍익대학교 법학연구소 2021 홍익법학 Vol.22 No.3

저작권과 관련된 국제적 분쟁이 발생한 경우에는 크게 두 가지 선결문제가 해결되어야 한다. 첫째는 그 분쟁이 국제사법 또는 국제조약의 규율을 받을 만한 외국적 요소를 포함하고 있느냐 하는 문제이다. 둘째는, 분쟁이 그러한 외국적 요소를 포함하고 있다면 국제사법 또는 그에 우선하는 국제조약의 규정에 따라서 준거법을 결정하여야 하는 단계로 나아가게 되는데, 이때 베른협약 제5조 제2항을 준거법에 관한 규정으로 보아 그 규정에 따라 준거법을 결정할 것인지 여부의 문제이다. 최근 섭외적 사건으로 볼 여지가 있는 동일한 게임 저작물에 관한 분쟁을 둘러싸고 원고는 같고 피고가 다른 두 개의 소송이 동시에 진행되었는데, 이 두 개의 소송 중 제1 사건은 첫 번째 문제를 쟁점으로, 제2 사건은 두 번째 문제를 쟁점으로 하여 1심과 항소심 판결이 내려졌다. 그 동안 저작권과 관련된 국제적 분쟁에서 이 두 가지 문제에 대하여 하급심에서 다소 결론이 엇갈리는 판결이 나온 바 있어 정리가 필요하다는 학계의 주장이 제기되고 있었다. 특히 제2 사건의 판결은 베른협약의 해석과 관련하여 그 동안 내려졌던 하급심의 주류적 판단과는 다른 것으로 읽히는 판단을 내리고 있어서 주목된다. 본 논문에서는 위 제1, 제2 사건의 각 제1심 판결을 중심으로 하여 그 타당성과 문제점을 검토해 보고, 그 논의를 바탕으로 점차 증가하고 있는 국제적 요소가 있는 저작권 분쟁을 처리함에 있어서 필요한 기준과 방법론을 제시해 보고자 한다. In the case of international disputes related to copyright, two major issues must be resolved. The first is the question of whether the dispute contains foreign elements that can be governed by private international law or international treaties. Second, if the dispute contains such a foreign element, it goes to the stage where the governing law must be determined according to the provisions of private international law or international treaties that take precedence over them. Hereinafter, with the judgments of the recently decided two cases, I will examine its feasibility and problems. Based on the discussion, I would like to suggest the standards and methodologies necessary for handling copyright disputes with an increasing international element.

Adaptive Sliding-Window Strategy for Vehicle Detection in Highway Environments

SeungJong Noh,Daeyoung Shim,Moongu Jeon IEEE 2016 IEEE transactions on intelligent transportation sy Vol.17 No.2

<P>In highway traffic monitoring systems, vehicle detection is one of the most important tasks. To automatically detect vehicles in general CCTV environments, we should effectively handle the problems caused by the following three issues: severe variation in appearance, ambiguities in location, and ambiguities in size. Over the last decade, these issues have been mainly addressed by employing a sliding-window-based image search. Although it is quite effective in many applications, the manual procedure of initializing necessary size models and high computational costs impede the automation of monitoring systems. To remedy these drawbacks, we propose an adaptive sliding-window strategy, where useful size templates are continuously modeled for a given scene, and the detection is performed by adaptively deforming a sliding window based on the obtained templates. This strategy allows us not only to avoid complex user interferences but also to reduce computational costs for vehicle detection. Experiments on real-world highway environments show that the proposed strategy achieved about 23% improved detection accuracy with 43% reduced processing time over the state-of-the-art sliding-window approach without any user assistance.</P>

Deformable image registration in radiation therapy

Seungjong Oh,Siyong Kim 대한방사선종양학회 2017 Radiation Oncology Journal Vol.35 No.2

The number of imaging data sets has significantly increased during radiation treatment after introducing a diverse range of advanced techniques into the field of radiation oncology. As a consequence, there have been many studies proposing meaningful applications of imaging data set use. These applications commonly require a method to align the data sets at a reference. Deformable image registration (DIR) is a process which satisfies this requirement by locally registering image data sets into a reference image set. DIR identifies the spatial correspondence in order to minimize the differences between two or among multiple sets of images. This article describes clinical applications, validation, and algorithms of DIR techniques. Applications of DIR in radiation treatment include dose accumulation, mathematical modeling, automatic segmentation, and functional imaging. Validation methods discussed are based on anatomical landmarks, physical phantoms, digital phantoms, and per application purpose. DIR algorithms are also briefly reviewed with respect to two algorithmic components: similarity index and deformation models.

Medical Image Enhancement Algorithm Using Edge-Based Denoising and Adaptive Histogram Stretching

Seungjong Kim,Byongseok Min,Wongeun Oh,Jooheung Lee 보안공학연구지원센터 2013 International Journal of Bio-Science and Bio-Techn Vol.5 No.5

Adaptive Camera Image Interpolation Method using Directional Color Plane Information

Seungjong Kim 보안공학연구지원센터 2016 International Journal of Multimedia and Ubiquitous Vol.11 No.6

To reduce cost, current digital cameras adopt color filter array (CFA) instead of RGB camera which obtains beam splitters to capture image information. This leads effect that only one of three color channels remains and the other two color channels are missing during CFA. To compensate missing color information, color interpolation or demosaicking process is needed. There have been many methods with different degree of complexity and filter size. Normally bigger filters and higher complexity provide better performance. However, clever method may give fast and satisfactory results in terms of objective and subjective performance. This paper proposes adaptive camera image interpolation method which uses directional information. Simulation results show that the proposed method outperforms conventional benchmark method.

Mesoporous Silica Nanocontainers with α-Helical Peptide Gatekeepers for Improved Intracellular Uptake and Endo-/Lysosomal Escape

Seungjong HAN,Jeonghun LEE,Eun-Taex OH,Heon Joo PARK,Chulhee KIM 한국고분자학회 2016 한국고분자학회 학술대회 연구논문 초록집 Vol.41 No.2

A New Discontinuous PWM Method of Three-Level Inverter for Neutral-Point Voltage Ripple Reduction

Seungjong Yoo,June-Seok Lee,Kyo-Beum Lee 전력전자학회 2015 ICPE(ISPE)논문집 Vol.2015 No.6

A new pulse width modulation (PWM) strategy which is an alternative approach of the discontinuous PWM (DPWM) for a three-level neutral-point-clamped (NPC) inverter is proposed in this paper. A three-level NPC inverter is completely mature and very well established topology in high-power applications. However, the threelevel NPC inverter has the inherent problem of neutralpoint voltage unbalancing due to the split dc-link capacitors. This structure can cause the large neutral-point voltage ripple. Furthermore, output currents of the three-level NPC inverter can be distorted by the neutral-point voltage ripple. In this paper, a new DPWM method using two different offsets for the neutral-point ripple reduction is proposed and the effectiveness of the proposed DPWM method is verified by using the simulation.

How image quality affects determination of target displacement when using kilovoltage cone‐beam computed tomography

Oh, Seungjong,Kim, Siyong,Suh, Tae‐,Suk unknown 2007 Journal of applied clinical medical physics Vol.8 No.1

<P>The advent of kilovoltage cone‐beam computed tomography (CBCT) integrated with a linear accelerator allows for more accurate image‐guided radiotherapy (IGRT). The IGRT technique corrects target displacement based on internal body information obtained by acquiring the CBCT image set and registering it with the simulation CT image set just before the beam is delivered. In the present paper, we compare registration results by CBCT reconstruction quality (either high or medium). We analyzed data from a total of 56 CBCT projections from 6 patients. The translational vector differences were within 1 mm in all but 3 cases. The rotational displacement differences considered components of all three axes, and in 3 of 168 cases (56 projections by 3 axes), showed more than 1 degree of difference.</P><P>PACS number: 87.57.Nk</P>

Measurements of dose discrepancies due to inhomogeneities and radiographic contrast in balloon catheter brachytherapy.

Oh, Seungjong,Scott, Jacob,Shin, Dong Hoon,Suh, Tae-Suk,Kim, Siyong The American Association of Physicists in Medicine 2009 Medical physics Vol.36 No.9

<P>Recently, a device called MammoSite, consisting of a balloon and a catheter, was developed to perform partial-breast irradiation using a high-dose-rate (HDR) brachytherapy unit with ease and reproducibility. However, the actual dose to the skin does not agree well with the calculated dose by the treatment planning system because of the difference between the calculation condition and the real treatment condition (i.e., homogeneous water and full scatter condition vs contrast solution and lack of full scatter condition). In this study, the authors experimentally estimated dose discrepancies due to contrast and lack of full scatter in breast HDR brachytherapy with MammoSite. Using metal-oxide-semiconductor field-effect transistor detectors and a breast phantom, the dose discrepancies between the calculation and the treatment conditions were measured according to contrast concentration (10% and 20% volume ratios), balloon size (35 and 60 cm3), and source to detector distance ranging from 25 to 50 mm. The source was an Ir-192 isotope from Nucletron HDR unit. The dose discrepancies from the calculation condition due to both contrast and lack of full scatter combined ranged from about -1.4 +/- 2.5% to -18.2 +/- 2.0% in the studied cases (error bound is in two sided confidence interval of 80% based on Student's t distribution). In all cases, the effect of lack of full scatter was dominant to that of contrast and significant dose discrepancies existed between the calculation and the real treatment conditions, indicating that the actual skin dose is less than that which is currently calculated.</P>

새로운 DPWM 방식을 이용한 3-레벨 인버터의 중성점 전압 리플 저감

유승종(Seungjong Yoo),이준석(June-Seok Lee),이교범(Kyo-Beum Lee) 전력전자학회 2015 전력전자학술대회 논문집 Vol.2015 No.07