상법상 상호권 보호의 재조명

김현경 ( Hyung Kyung Kim ) 안암법학회 2012 안암 법학 Vol.0 No.37

A trade name, if combining with a particular product, does more than a mere name, allowing one to associate it with its products and business. In particular, if such a product or service, with the backing of huge costs, dominates the market, the trade name will be more meaningful than its simple function. In this case, a trade name functions as a trademark (or a service mark), and should be distinguished from a name of a merchant under the Commercial Law. As such, in protecting a trade name, the protection principle under the Commercial Law and the protection principle for the prevention of unfair competition are different from each other, but South Korea`s Commercial Law involves a unfair competition factor in protecting a trade name, raising problems surrounding the two legal systems. This may cause disputes between holders of rights to a trade name and potential merchants to have rights to choose a trade name. Notably, small-operation businesses continue to emerge and fade our, and a number of online businesses over the internet are emerging. The inadequate protection of a trade name under the Commercial Law limits potential merchants` the right to choose a trade name, probably blocking them from entering the businesses. Thus, this paper clarified the protection of a trade name under the Commercial Law and the protection of a trade name under the Unfair Competition Prevention Law, and discussed the improvement of the trade name protection under the Commercial Law. A trade name as a name of a merchant, and trade mark as a mark of a business are different from each other in their legal grounds, systems, purposes, and rights, making them stand alone legally. Nonetheless, a trade name can be used as a trademark for its products, and a trademark can also be registered as a trade name and used. However, a trade name represents a particular business, and if a third parry uses such a trade name unfairly, thereby causing damage to the business entity and committing an unfair competition, that corporation should be protected under the Unfair Competition Prevention Law. In this case, such protection is provided not because the trade name is a name of a particular merchant, but a particular business itself. Thus, Article 23 of the Commercial Act stipulates that anyone shall nor use a trade name - for an unfair purpose - that misleads one into believing that it is a business of a different person, and this should be handled under the Unfair Competition Prevention Law. This provision of the Commercial Act constitutes a confusion about the purpose of protection of the two acts. Also, Article 23(4) of the Commercial Act stipulates that any person who uses the registered trade name of another person in the same Seoul Special Metropolitan City, Metropolitan City, and Si/Gun in respect of the same kind of business shall be presumed to have done so for unfair purpose. The said "unfair purposes" means an intention for unfair competition, resulting in transferring the burden of proof by presuming intention for unfair competition to registration of trade names. However, the trade name registration system has various limitations such as formal review, incompleteness of the review process, and inequality against a foreign trade name. Nonetheless, if presuming unfair purposes with regard to a trade name registration is allowed, a good-faith user of the relevant registered trade name may prove himself to be innocent of such an unfair purpose. The protection of a trade name with a view to preventing unfair competition will be approved if its identification and trading ability are recognized. If a trade name has a weak identification and trading ability, its protection should be reduced. However, without considering this distinction, Article 23 of the Commercial Act allows presuming unfair purposes, namely, unfair competition purpose, with regard to all registered trade names, allowing one to ask for the repealing of a trade name without considering its identification or trade ability. This constitutes a confusion about the purpose of protection of the said two laws. The protection under the Commercial Law should focus on the legitimate use of a trade name, its benefit and disposition. On the other hand, unfair competition factors related to business marks with acquired identification ability should be regulated by the Unfair Competition Prevention Act or the Trademark Act. Thus, Article 23 of the Commercial Act should be legislatively reviewed.

Gyroscopic motion에 의한 피겨스핀기술의 회전안정성에 대한 해석

김현경(Hyung Kyung Kim),홍승후(Seung Hoo Hong),유경석(Kyoung Seok Yoo) 한국사회체육학회 2007 한국사회체육학회지 Vol.0 No.31

The purpose of this study is to analyze the rotary stability of spin techniques in figure skating with idea of top spinning as the gyroscopic motion. In order to investigate the rotary mechanism of the flying camel spins in Korea national of elite women figure skaters(N=3). this study analyzed the kinematics and the kinetics parameters. The data was collected using 4 high speed video camera and Kwon3D 3.0 software, and the pressure distribution measuring system, respectively. The results obtained from this study were as follows; There were similar to the rotary radius of gyration(83.5cm) and the height of subjects because of a proper body posture and maximum extension of lower joints. And it showed that the angular velocity of Lt. toe, 9.33(0.5)rad/s and the height of COM, 12.43cm. It is similar to the ROM of the Rt. foot which is in the ice ground, but the angular velocity of Ankle joint rather than Knee and Hip joints were participated in the fastest from the rotation phase. And out of the total angular momentum. it is in the ratio of 5%(x axis), 7%(y axis), 88%(z axis), and out of the reaction force(N) of longitudinal axis, it was loaded 10 times of oneself body weight. In the paper, from analysis of both Top Spinning and Skating Skills as gyroscopic motion, we showed how the variables of rotary stability performance were closely connected with the positioning of landing and the efficiency of posture.

클랩스케이트 이용시 하지의 운동학적 분석

김현경(Hyun Kyung Kim),이현섭(Hyun Seob Lee),김형수(Hyung Soo Kim) 한국사회체육학회 2002 한국사회체육학회지 Vol.18 No.2

The purpose of this study is kinematical analysis of low leg about difference between elite skater and non elite skater using the clap-skate and an offer the basic information to coach and players. Each elite player group and non elite player group is consisted of three subjects. All subjects are female player. The subjects were filmed using two 16mm high speed camera operating at a frame rate 100Hz. Selected the research method for this study is 3D motion analysis using the DLT algorithm. Angle of knee joint, ankle joint, and foot is significantly higher at the push-off to elite group compared with non elite group. The time of enter to push-off stage is faster to elite group than non elite group. Maximum angular velocity is higher to elite group about knee joint and ankle joint but non elite group is higher about foot. This results appear to equal at the push-off stage. Maximum angle appeard to after push-off to all group and maximum angular velocity appeard to before push-off to all group. This results showed that elite group is efficiently movement to push-off stage than non elite group.

한국의 대(對)중동 파병외교정책 -아프가니스탄 및 UAE파병을 중심으로-

김수형 ( Soo Hyung Kim ),김현경 ( Hyung Kyung Kim ) 한국외국어대학교 중동연구소 2014 중동연구 Vol.32 No.3

파병 외교가 외교의 영역으로 주목받기 시작한지는 얼마 되지 않았다. 그러나 베트남전과 일련의 중동전쟁을 계기로 그 중요성이 점차 인식되어가고 있고 이를 국가이익을 위한 외교의 관점으로 바라보는 연구들이 지속되고 있다. 또한 우리나라의 중동 파병 문제 및 테러리즘과 인질 사태 등에 대한 논의와 연구들도 2000년 이후 급속히 늘어났다. 이슬람 테러리즘의 대두와 우리나라의 파병을 통해 활발해진 연구는 주제의 특성상 사례 분석이 대다수를 차지했다. 일반적으로 이슬람권의 정치, 문화, 사상, 언어 등에 대한 전통적 연구에서 또 하나의 항목으로 우리나라와 이슬람권간의 현대적 대외관계에 대한 연구 분야로 파생되고 있는 것이다. 이러한 연구 현황과 더불어 2010년 우리 정부는 두 번째 아프가니스탄 파병 안을 국회의 동의를 얻어 통과시킨 바 있다. 이에 따라 정부는 2010년 7월1일 부로로 아프가니스탄 파르완 주 차리카르 시 북쪽 인근에 평화 재건 단(PRT)과 평화 재건 단 보호 병력을 파견하였다. 또 원전수주계약을 계기로 아랍에미레이트 연합(UAE)에 2011년 1월, 특전사부대를 파견하기도 하였다. 본 논문은 한국의 對중동 파병외교 정책 결정론에 영향을 미치는 여러 변인을 분석함으로써 그 결정과정의 결과적 변이성을 설명하려는 노력을 담고 있다. 또한 이 목적을 위한 방법론적 분석틀로 외교정책결정에 있어 국내적 요인과 국제적 요인을 동시에 고려하는 투-페이스 게임을 (Two-Face Game, 양면게임이론의 보완이론) 채택하여 이번 파병 안을 분석하고 이를 통해 한국파병외교정책 결과에 대한 원인을 바라보고자 한다. 이에 더하여 우리나라의 외교에서 새로운 영역으로 주목받고 있는 파병외교의 전망과 방향을 조명해 보고자 한다.

영양지원팀의 임상적 적용 방법

김은영 ( Eun Young Kim ),김주미 ( Ju Mee Kim ),김미형 ( Mi Hyung Kim ),권택수 ( Taek Su Kwon ),이혜승 ( Hye Seung Lee ),목희정 ( Hee Jung Mok ),홍정임 ( Jeong Im Hong ),김혜진 ( Hye Jin Kim ),김현경 ( Hyun Kyung Kim ),정성진 ( Sun 한국정맥경장영양학회 2013 한국정맥경장영양학회지 Vol.5 No.3

Purpose: Most hospitals have been reply to the consultation if the needed departments consult with the Nutritional Support Team (NST) for patient evaluation and management. However, as a common occurrence, some people requiring treatment cannot receive care due to lack of cognition of nutritional support and lack of resources for assessment of nutritional status. Methods: We provide an indication for screening of patients and for active nutritional support. Indications include symptoms that reflect the conditions of increasing nutritional requirement and decreasing nutritional supply. Two surgical wards and surgical intensive care unit were included and nursing teams recommended patients to the NST by interviewing inpatients if they met the indications. Results: We included 60 patients referred to the NST before applying for screening, from January 2005 to January 2009 and 44 patients selected for only five months by the NST after applying for screening. The number of consultations showed a slow decrease, 27 in 2005, 23 in 2006 to 10 in 2007, before applying for screening, but increased significantly to 44 for only five months after applying for screening. While the number of departments applying to the NST was five departments in 2005, six departments in 2006, and two departments in 2007, it increased significantly to eight departments. After applying for screening, the most common cause was ‘artificial nutrition longer than five days’ in 48.1%; the second cause was ‘poor nutrition status’ in 13.5%, and the third was ‘significant weight loss’ or ‘gastrointestinal function change’ in 8%. Moderate risk patients showed improvement and shifted to minor risk patients and normal patients. The rate of improvement was approximately 47.7%. Conclusion: The screening tools should be simple, as well as easy to use. Therefore, using this tool, we must actively select patients with poor nutrition and apply the screening tools rapidly. (J Korean Soc Parenter Enter Nutr 2013;5(3):117-121)

일제강점기 골프에 대한 신문기사 연구

김현경 ( Hyun Kyung Kim ),곽형기 ( Hyung Kie Koack ) 한국체육사학회 2009 체육사학회지 Vol.14 No.3

생약 복용에 따른 아플라톡신 B₁의 인체모니터링 연구

이진희,류희영,김현경,김도정,이영주,정수희,장동덕,김형수,홍연표,윤혜성,Lee, Jin-Hee,Ryu, Heui-Young,Kim, Hyun-Kyung,Kim, Do-Jung,Lee, Young-Joo,Jung, Su-Hee,Jang, Dong-Deuk,Kim, Hyung-Su,Hong, Yeon-Pyo,Yoon, Hae-Seong 한국환경보건학회 2010 한국환경보건학회지 Vol.36 No.2

Aflatoxin $B_1$, a known human carcinogen, is the member of aflatoxin subfamily that is most frequently found in contaminated foods. Epidemiological studies have suggested that aflatoxins may be associated with human liver cancer and acute hepatitis. Recently it was reported that the traditional medical herbs sold in domestic markets are contaminated with aflatoxins. Long-term administration of these contaminated medicines could result in adverse health effects. Therefore, it is important to evaluate the levels of exposure to aflatoxin in people who ingest traditional herbal medicines. Blood samples were collected, before and after the herbal medicine intake, from 151 subjects who visited the hospital. The metabolite of aflatoxin $B_1$ in blood, aflatoxin $B_1$-albumin (aflatoxin $B_1$-lysine), is reportedly an appropriate internal exposure indicator, and its levels in the collected bloods were therefore analyzed using a liquid chromatography-mass spectrometry. The analytical method of aflatoxin $B_1$-lysine in blood was firstly optimized in Korea and the levels were detected below quantification limits (2 pg/mg albumin) in this study population. Consequently, the exposure levels of aflatoxin $B_1$ by ingestion of herbal medicines were low but it is important to monitor routinely due to the possibility of risk on the aflatoxin exposure.

싸이클로스포린 0.05% 점안액이 백내장 수술 후 발생하는 눈물분비 감소에 미치는 영향

유애리,황형빈,김현경,정성근,Ae Ri Yoo,Hyung Bin Hwang,Hyun Kyung Kim,Sung Kun Chung 대한안과학회 2013 대한안과학회지 Vol.54 No.7

Purpose: To evaluate the efficacy of cyclosporine 0.05% in reduced tear production sign and dry eye symptoms after cataract surgery. Methods: This hospital-based prospective randomized trial included 43 patients of 83 eyes who underwent phacoemulsification. Tear break-up time, Schirmer’s test, corneal and conjunctival stain, and ocular surface disease index were performed for all patients at preoperative 1 day, and 1 day, 1 week, 1 month, and 2 months postoperatively. Group 1 received carboxymethylcellulose 0.5%, group 2 received twice-daily cyclosporine 0.05%, and group 3 did not receive any additional eye drops. Results: There was no statistically significant difference between the 3 groups in outcome measures. Two months after cataract surgery, the cyclosporine group showed improved tear break-up time, Schirmer’s test I, and corneal and conjunctival staining. Conclusions: Cyclosporine 0.05% therapy reduced dry eye signs and symptoms after cataract surgery.

정상 폐활량을 보이는 성인 환자에서 $FEF_{25{\sim}75%}$를 통한 기관지확장제 반응의 예견

박세환,이승엽,강승모,선춘식,김현경,이병훈,이재형,김상훈,Park, Se-Hwan,Lee, Seung-Yup,Kang, Seung-Mo,Seon, Choon-Sik,Kim, Hyun-Kyung,Lee, Byoung-Hoon,Lee, Jae-Hyung,Kim, Sang-Hoon 대한결핵및호흡기학회 2011 Tuberculosis and Respiratory Diseases Vol.71 No.3

Background: When patients with chronic respiratory symptoms have a normal spirometry result, it is not always easy to consider bronchial asthma as the preferential diagnosis. Forced expiratory flow between 25% and 75% of vital capacity ($FEF_{25{\sim}75%}$) is known as a useful diagnostic value of small airway diseases. However, it is not commonly used, because of its high individual variability. We evaluated the pattern of bronchodilator responsiveness (BDR) and the correlation between $FEF_{25{\sim}75%}$ and BDR in patients with suspicious asthma and normal spirometry. Methods: Among patients with suspicious bronchial asthma, 440 adult patients with a normal spirometry result (forced expiratory volume in one second [$FEV_1$]/forced vital capacity [FVC] ${\geq}70%$ & $FEV_1%$ predicted ${\geq}80%$) were enrolled. We divided this group into a positive BDR group (n=43) and negative BDR group (n=397), based on the result of BDR. A comparison was carried out of spirometric parameters with % change of $FEV_1$ after bronchodilator (${\Delta}FEV_1%$). Results: Among the 440 patients with normal spirometry, $FEF_{25{\sim}75%}%$ predicted were negatively correlated with ${\Delta}FEV_1%$ (r=-0.22, p<0.01), and BDR was positive in 43 patients (9.78%). The means of $FEF_{25{\sim}75%}%$ predicted were $64.0{\pm}14.5%$ in the BDR (+) group and $72.9{\pm}20.8%$ in the BDR (-) group (p<0.01). The negative correlation between $FEF_{25{\sim}75%}%$ predicted and ${\Delta}FEV_1%$ was stronger in the BDR (+) group (r=-0.38, p=0.01) than in the BDR (-) group (r=-0.17, p<0.01). In the ROC curve analysis, $FEF_{25{\sim}75%}$ at 75% of predicted value had 88.3% sensitivity and 40.3% specificity for detecting a positive BDR. Conclusion: BDR (+) was not rare in patients with suspicious asthma and normal spirometry. In these patients, $FEF_{25{\sim}75%}%$ predicted was well correlated with BDR.

증례 : 호흡기 ; 결핵 후 폐손상에 의한 만성 호흡 부전에서 발생한 장관 포상 기종 1예

양동진 ( Dong Jin Yang ),김현경 ( Hyun Kyung Kim ),류상열 ( Sang Ryol Ryu ),이병훈 ( Byoung Hoon Lee ),이재형 ( Jae Hyung Lee ),김상훈 ( Sang Hoon Kim ),조윤주 ( Yun Ju Jo ) 대한내과학회 2010 대한내과학회지 Vol.78 No.3

결핵 후 폐손상에 의한 만성 호흡 부전과 무증상의 기복증이 있던 69세 남자 환자가 1달 전부터 악화된 호흡곤란과 복부팽만을 주소로 내원하여, 장관 포상 기종과 기복증이 악화되어 복강천자와 산소요법 등의 비수술적인 치료로 호전된 증례를 경험하여 보고한다. Pneumatosis cystoides intestinalis is a rare condition characterized by gas-filled cysts within the bowel wall. It may be idiopathic or secondary to a variety of disorders. Associated conditions include chronic obstructive pulmonary disease, the use of non