미국엔터테인먼트법 판례에 나타난 저작권법의 일반원칙

권기덕(Kwon Gi Duck) 한국재산법학회 2009 재산법연구 Vol.26 No.1

When each country in the world performs it's own copyright law, the principle of territory(within border) has been kept consistently. However, In entertainment industries' illegal copies, multi-national broadcastings and Internet make this principle a place of the refuge of Illegal reproducer. On the characteristics of Entertainment industry, illegal copies are made easier than the creation of the works. And, though world countries try to cooperate to prevent a pirates of works from copying the works illegally through International agreement such as Berne Convention, Every country has its own situations and own view about entertainment industries, But every country can not provide the world owners of copyright with the same rights, which result in illegal reproduction in blind corner of law. A country's law can not be adapted to another country in order to protect its own people's copyrights. However, these principles that each country's law of copyright governs only its own territory and copyright can not be extended extra-territorial, and must not become the refuge for pirates's illegal reproduction. In order to solve this contradiction, each nation in the world should try to enact the common law of the world to protect the copyright owner's right together. America, which is the leader in world entertainment industries, has made many endeavors to attack these piracies. To protect the copyright owner's right from a piracy's attack, it has provided the owner of copyright with many case laws as well as statutes. There are Subafilms case, Peter Star case, Lewis calooe case, Prime Time case, WGN case, David V. Show time case, L.A. NEWS Serv. v. Reuters TV case, The Sheldon case, Update case, Famous Music case … etc. The general characteristics of these cases are, above all, American law's spirits and aspirations which try to correct injustice and realize justice in any way, anyplace. Though they conflict with a written law, the American courts have looked for all the ways to attack the piracies of copyrights. And then when they provide damages to a plaintiff, the basis is not compensations for plaintiffs' losses. but returning of defendants' profits generated in their torts. Finally, on the range of illegal infringement. one important rule is that American courts attack every kind of every stage of succession of piracy on infringing copyright anytime, anyplace, if he. infringed on others' copyright for himself. this rule may be American's will or spirit to protect its copyright owner and to realize justice. America is a leading country in entertainment industries and so it has many leading cases of entertainment law, and has helped the solution of conflicts which happened in the world entertainment industries, But we have difficulty in understanding the calculation of damages. When they measure the compensation for damages, American courts use the constructive trust theory which focuses on returning of a defendants profit. too much and ignores the loss of a plaintiff's profit which a plaintiff would be received, if the defendant didn't infringe on the copyright. Focusing on only returning of a defendants profit tends to make the recovery of a plaintiff's profit difficult and the punitive compensation of damage weaken. And so we can think that this rule is unreasonable.

공중 무인무기체계 공통플랫폼 조합 최적화 모형

권기덕(Gi-Duck Kwon),이문걸(Moon-Gul Lee) 대한산업공학회 2021 대한산업공학회 춘계학술대회논문집 Vol.2021 No.6

In the field of defense, various military operations using drones are being studied. The level of drone performance required by the military for mission purposes is very high. However, from the standpoint of a company developing the weapon system, it takes a lot of cost and time to satisfy the high demand level. Here, a problem arises because of the difference in the gap. In particular, drones are characterized by being very sensitive to technological advancement, so the delay in acquisition of weapon systems is not a minor problem. Therefore, in this study, we propose an efficient and rational project management plan through an optimization model after combining the aerial unmanned weapon system project into a common platform.

공중 무인무기체계 공통플랫폼 조합 최적화 모형

권기덕(Gi-Duck Kwon),이문걸(Moon-Gul Lee) 한국경영과학회 2021 한국경영과학회 학술대회논문집 Vol.2021 No.6

자립형 지역공동체 형성 구성요소가 주민참여태도에 미치는 영향 : 서울시 용산구 해방촌 도시재생사업을 중심으로

권기덕(Kwon, Gi Duck),정남식(Jung, Nam Sick) 한국지역개발학회 2020 韓國地域開發學會誌 Vol.32 No.1

In urban regeneration project, the residents voluntary participation is regarded as one of the most important elements to increase the execution, by increasing the residents bond of sympathy and establishing the project plan desired by the residents in the policy-making process. With the increased roles of community, it was needed to form the voluntary community by members, and for the sustainable urban regeneration project, the vitalization of community is emphasized. Thus, this study focused on the concept of the elements of community as the measures for the enhancement of sustainable residents participation in urban regeneration project. In order to perform an empirical research on community mentioned as the measures for vitalizing the residents participation in urban regeneration project, this study examined the elements and meanings of community changed in modern society, and also the influence relations between elements of the re-established modern community and residents participation. The objective of this study was to suggest the measures for the enhancement of sustainable residents participation through the vitalization of community in urban regeneration project. Especially, the significance of this study is to verify the elements for the independence of community by adding the public interest and profitability in the aspect of project and the elements of community changed in modern society for the differentiation from the existing preceding researches. As a result, this study could contribute to the suggestion of diverse theoretical perspectives for the meanings of modern community and the enhancement of residents participation.

무인항공기 공통 플랫폼 표준화를 위한 최적 분류 및 할당 모형

권기덕 ( Gi-duck Kwon ),이문걸 ( Moon-gul Lee ) 한국항공경영학회 2021 한국항공경영학회지 Vol.19 No.3

국방 분야에서 표준화의 필요성은 국방자원의 사용을 저비용이면서 고효율 기반으로 보장하므로 매우 중요하다. 군용 무인항공기 분야는 더욱 기술 진보화에 민감한 특성을 보인다. 현재의 우리나라의 산학연의 기술 수준과 소요군 목표 요구성능 간의 차이가 좁혀지지 않으면 획득이 지연되거나 현장 적시 적용성이 현저히 떨어지는 결과로 이어질 것이다. 또한 연구개발을 담당하는 입장에서는 다품종 소량생산이라는 구조 때문에 발생하는 낮은 사업성으로 인해 국가기술의 경쟁력이 저하될 것이다. 따라서 본 연구에서는 이러한 문제점에 대한 대안을 찾기 위하여 무인항공기의 계열화 및 군집화를 전제로 최적화 알고리듬을 적용한 수리모델을 기반으로 하여 공통 플랫폼 최적 분류 및 할당 모형을 개발하였다. 본 모형의 활용을 통해 현재 추진 중인 다양한 무인항공기 개발 및 획득 사업에서 개발하여야 할 대상 체계 범위를 축소하고 공통플랫폼화 및 기술표준화에 기여할 것으로 예상된다. The necessity of defense standardization is very important as it ensures that defense resources can be utilized at low cost and high efficiency. The military unmanned aerial vehicle sector is characterized by being a more sensitive business due to fast technological advancement. If the gap between the performance specifications required by the required military and the position of researching to make an unmanned aerial vehicle that satisfies the conditions is not narrowed, the relevant weapon system cannot be developed and introduced in a timely manner. Eventually, there will be a problem that the utility value of the weapon system is lowered, and the national technological competitiveness will also be deteriorated due to the low business viability arising from the structure of small-scale production of multi-species from the standpoint of research and development. Therefore, in order to solve the problem, this study proposes a common platform optimal classification and matching model based on a mathematical model for applying by basis of the premise of unmanned aerial vehicle sequencing and clustering. Through suggested model, it we can contribute to rearrange and mange to current numerous UAV programs efficiently.

전문직종사자 전속계약의 효력

장재현,권기덕 慶北大學校 法學硏究所 2005 법학논고 Vol.23 No.-

The purposes of the exclusive contracts in entertainment industries are divided into two forms. Through the exclusive contracts, the company will possess star-talents and pre-star-talents, who will achieve their own success in social and economic field... and so on. The meaning of the exclusive contracts tells the characteristics of exclusive contracts. It also says that the hunting and poaching of entertainments companies are very excessive. The terms of contracts can be how to prevent other companies from hunting talents of theirs. The possessions of star-talents in entertainment industries are very important for the success of their programs and the future of companies. So the owners of entertainment companies can't help doing their best so as to possess star talents and pre-star talents. Exclusive contracts in entertainment industries must be formed more exactly and more strictly enforced. If they are disobeyed, the punishment of them are severe, too. Exclusive contracts have been developed with entertainment industries, Hollywood star system which has changed from studio system to Agency, from agency to management system explains the causes of several issues of exclusive contracts; poaching star-talents and keeping star-talents, giant company's excessive possession of star talent and the disorganization of star system. We can compare the issues of our entertainment contracts with the causes and problems of changes in Hollywood star-systems. And we can establish the standards of formation, enforcement, effect of exclusive contracts through the examples of American entertainment contracts. If it is formed through reasonable steps and in social and general principles, and is not illegal, the contracts can have the enforcible power according to it's own characteristics, whether it is expressive contracts or implied contracts. Though they had better be contracted in written terms, parol contracts also can be enforcible and effective. Exclusive contracts in entertainment industries have several distinctions which have engagements, undertaking, trust or delegation. So they are interpreted according to these characteristics.

전문직종사자 전속계약의 특질

장재현,권기덕 慶北大學校 法學硏究所 2005 법학논고 Vol.22 No.-

Exclusive contracts are the extreme cases of contracts which represent diversities of modern society, and creativities and self controls of individuals. So, It is impossible for us to find the model patterns of the contracts, Generally speaking, we can't deny that though some contracts for the supply of labor in work market have standard types, most contracts are formed according to the principle of the liberty of contract and have their own distinctions and their own patterns. So, every contract can't belong to one of standard contracts in civil law. Some of them don't belong to any types of standard contracts in civil and can have their own types. They may be engagement contract or may be undertaking contract. They may be not only engagement contract, but authorization contract, or they may have distinctions of engagement, undertaking and authorization contract. In other words, they can have two types or more of the distinctions of contracts in civil law, and may not belong to any types of standard contracts in civil. We can speak them as mixed contracts or, non standard contracts, Exclusive contracts represent complexity of modern society and have many kinds of distinctions of non standard contracts, According to the kinds or types of contracts, the degree of expertness of professional man, the popularity of them, and the eagerness of professional man, they are formed in different type and different character. An expert man receives a lot of money and forms the contract, and unskilled, and a poor man forms "what is called "the servant contract. Like the star of the stars in korean entertainment industry ," Bae Yong jun", Big stars receive the stocks of the company and form contracts...... Therefore, we can't express exclusive contracts as certain standard types in civil law but it is important for us to classify and analyze the their own distinctions, to find common rules in mixed contracts and provide the standards for solving the problem caused by exclusive contracts.