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유병선,홍형옥,You Byung-Sun,Hong Hyung-Ock 한국주거학회 2005 한국주거학회 논문집 Vol.16 No.2
Due to the vast increase in the elderly population and the changes in traditional filial duties, the importance of the elderly living arrangement is being greatly emphasized. The purpose of this study was to analyse the determinant factor of intention to move into senior congregate housing. The survey was conducted among middle-aged people in their fifties, who lived in Seoul, using the systematic random sampling method. The final sample included 498 respondents. The results were as follows. 1) It was revealed that many respondents thought positively about senior congregate housing. Both of having children and income were proved as an important variables which had an impact factor to move into senior congregate housing. 2) It was found that residential environment was the more important factor than housing level itself or personal social environment.
공공의 이익을 위한 특허발명의 강제실시 : 의약발명을 중심으로
유병선,백상기 충남대학교 생물공학연구소 2005 생물공학연구지 Vol.11 No.1
This study focuses on the establishment of compulsory license to the patented invention, particularly pharmaceutic patent for public interests. With a view to promoting the development of technology and industry, Patents Act grants patentees an exclusive right to exploit the patented invention. For the purpose of the same goal, on the other hand, Patents Act imposes a few limits upon the exclusive right of patentees. A compulsory license is one of the limits upon patent right. A compulsory license is not an exceptional management from outside, it already exists in the inside of the right in view of the fact that Patent is the right granted artificially to contribute to the development of the industry. Pharmaceutic patent is closely related to human life directly or indirectly. Accordingly it has been discussed internationally to establish compulsory license to pharmaceutic patent for public interests. Regarding this problem, advanced countries and undeveloped countries are at issue with each other. We examine our position about compulsory license to pharmaceutic patent considering the degree of industrial development, especially the reality of pharmaceutic industry where Multinational Corporation of foreign country produces the most medicine. In case of Korea, there is a necessity for compulsory license in wide ranges in comparison with advanced countries such as Canada, Britain, Germany, France and so on within the limits of Agreement on TRIPs. In view of the above statements, it raises several problems of compulsory license under the Patent Act of Korea and proposes their solution. First of all there needs the realistic interpretation of the requirements for public interests and the flexible viewpoint about compulsory license to pharmaceutic patent. It is finally submitted that statutory provisions on compulsory license are designed as an efficient means of promoting goals of the Patents Acts and, also, that terms, conditions and procedures for compulsory license will have to be amended to make a better balance between the interests of patentees and public interest.
주택임대차계약서 서식 개선방향에 관한 연구 (1) : 공식부문 민간임대주택의 주택임대차계약서를 중심으로
유병선,홍형옥 한국부동산분석학회 2001 不動産學硏究 Vol.7 No.2
To protect the status of landlords and the tenants, it is necessary to re-evaluate the current rental/leasing forms. Before evaluating the forms and policies regarding this, importance of rental housing was discussed. And tenancy agreements and lease form from the U.K. and U.S.A. were compared with current form which was persuaded to be used in Korea. Research method was contents analysis of the current forms available. This article focused on tenancy agreement and lease form used in official private sector rental housing. The contents of the forms were evaluated in terms of three different categories; establishment of landlord-tenant relationship, the rights and responsibilities of tenants and the content itemization of tenancy agreement and lease form. Conclusions made from the analyses of the forms from U.S.A. and the U.K. were as follows; 1) The forms not only complied with relevant laws, but also included detailed agreements on the issues that could occurr during the tenants occupancy. 2)They included the rules on renewal and succession of the tenancy. 3) They defined the rights and responsibilities of both sides i.e., landlords and tenants thoroughly, and enforced penalty and termination in case of violation of any rules from the agreement. 4) In terms of categorization of the items, the agreement or lease contents included the practical issues to maintain the tenancy. 5) The rental agreement and lease forms clearly addressed that they complied with relevant laws pertaining to the rights of landlords and tenants. Based upon these results, suggestions for improving the current forms were as follows; 1) The complementary items for supporting the tenant's and landlord's rights should be added to the legal contract form. 2) The detailed items should be included in the process of the stages of contract. 3) The forms must include clearly defined rights and responsibilities of landlords and tenants and penalty upon the violation of the agreement. 4) It is necessary to revise the items about rental housing management in order to protect the property value of rental housing. 5) It is crucial to re-evaluate and to revise the relevant laws and standardized form to protect the rights of both landlords and tenants.