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김재봉(Jae-Bong Kim) 충남대학교 법학연구소 2002 法學硏究 Vol.13 No.1
In modem society, so called information and knowledge society, the importance of intellectual property is more and more increasing. It is not too much to say that the future of country depends on the way how we can protect these intangible property appropriately. The past legal system, which makes much importance of the tangible resources, is therefore to change. According to these new trends we should make a much study of the legal protection for intellectual property. Nowadays the problems of intellectual property infringement are much discussed. This study is however focussed on the area of civil law e.g. civil remedies, injunctive relief. The criminal study on intellectual property infringement is relatively insufficient. The scientific studies are made superficially and the decisions of courts are not adequately supported by legal theory. From a viewpoint of the deterrence of infringement the punishment of intellectual property crime is not to be ignored. Because of the much influence of criminal sanctions on the defendant the proper range of punishment is also to be sought. On the basis of the awareness of these problems this article deals with four main themes related to the intellectual property crime. Chapter Ⅱ contains comparative studies on intellectual property crimes of some countries e.g. Germany, U.S., Japan and TRIPs. Chapter Ⅲ covers the statistics of criminal sanctions and its analyses. In Chapter Ⅳ intellectual property crimes in the present laws are typically described. Chapter Ⅴ deals with the features and problems of intellectual property crimes in the present laws. In this paper some points, which are considered important in relation to intellectual property crime are discussed only in general. The more researches to make clear the concrete problems is to maintain.
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김재봉(Kim, Jae-Bong) 한국형사법학회 2011 刑事法硏究 Vol.23 No.3
After a lot of debate, law school system similar to that of american law school has been introduced in Korea, now we come close to the first bar examination. The type, level and any other criteria of the bar examination is very important, because it will determine the future direction of the law school education. The purpose of this paper is to think over some desirable criteria for making questions of essay type bar examination of criminal law and criminal procedure. Due to the close relation of law school education and bar examination, a discussion is to start from the ideal type of a jurist, that should be sought after in law school education. The judicial practice has been until now criticised, the jurists(including judges, prosecutors and lawyers) memorize unconditionally judicial precedents and laws and regulations and apply them to the facts automatically or mechanically. The education and training of the law school should be based on the reflection on the past established practice. Therefore we should discuss, how the law school students can develop the ability of critical consideration on the existing judicial practices. So we should emphasis on logical argumentation, critical thinking, creative consideration, humanity and ethical mind and so on in the newly introduced education system. The questions of the bar examination should be made in relation with these abilities. The degree of difficulty of the bar examination is another theme of the discussion. It is my opinion that the exam should not be too difficult. If the questions are too complicated and difficult, the law school will depend on teaching and learning by rote. It is far from the initial goal of new law school system. The bar examination is to be qualification test, that measures the minimum ability of lawyers. It has been also debated up to now, special laws are to be included in the exam, if so, how much proportion special laws should take in the exam. Our current law system does not allow us to solve the cases without special laws, so they can not completely be excluded. However there is no choice for students but memory of them, if they are the main subject of examination. So we should keep the ratio of the special laws in the exam to the minimum. We have also discussed, how we use judicial precedents in the exam. In my opinion, the questions are to be made on the basis of leading cases. Moreover precedents should be used in the way, not how much students memorize, but how students analyse and criticise them. There are so many another issues to consider as to the bar exam. We should continue to discuss all these themes, so we can reduce the trial and errors and settle the law school system as early as possible.
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김재봉 ( Jae Bong Kim ) 한국형사정책학회 2002 刑事政策 Vol.14 No.1
Modem society is called Information-Society and we can not say the importance of untangible property too much. In Korea recently the theft of trade secret cases are on the increase. Accordingly in 1991 the Unfair Competition Act was revised and the civil and criminal Provisions for the protection of trade secret were newly enacted. Particularly the section 18 contains penalties on the divulgence of trade secrets. However the divergence of semiconductor secret case in 1998 gave us the moment to realize the importance of protection for trade secret. Just after this case the range and degree of punishment in the 「Unfair Competition Prevention and Trade Secret Protection Act」 (UCPTPSA) was broadened and strengthened. With respect to criminal provisions many shortcomings and defects can be still found. The purpose of this paper is to point out these problems and to provide solutions. To get this goal, we should investigate the legislatures of other countries. To protect trade secret, there are 「Economic Espionage Act」, of 1996 and many other criminal provisions in USA, 「Unfair Competition Act」, in Germany, Austria and Swiss. China has these provisions in Criminal Law. All these acts might be evaluated to have more progressive provisions than UCPTPSA in Korea. Its range of criminal protection, compared with these acts, is too narrow. It`s provisions might not be enough to protect and deter the theft of trade secrets effectively. For example, the problem of actors or acts can be first pointed out. UCPTPSA punishes only disclosure of directors or employees, whether present or retired, not outsiders of company. Trade secret however can be infringed by spying of outsiders more severely. Therefore UCPTPSA should impose penalty on spying of outsider. Secondly UCPTPSA punishes only disclosure of technical informations, not managemental information. In modern companies the latter can play more important roles than the former. Accordingly the violation of managemental informations also should be punished. In addition the punishment of attempt or conspiracy and the procedural problems, that is, maintaining secrecy on criminal trials should be considered. As the importance of proprietary economic information is increasingly recognized, we need to make incessant efforts to revise criminal provisions in UCPTPSA.
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김재봉 ( Jae Bong Kim ) 한국경찰법학회 2012 경찰법연구 Vol.10 No.2
Recently, many people have doubt, whether the prosecutorial power has been properly exercised. It seems that the dissatisfaction of people with the abuse of prosecutors` power is day by day increasing. The checking system over the prosecutorial process, for example, application for judicial review on non indictment (quasi prosecution), reviewing committee on non indictment has worked, but it is not sufficient for the control over the improper exercise of prosecutorial power. Therefore, as the alternative of the existing control system, we give attention to the civil participation in the prosecutorial procedure. The civil participation in the criminal process is important in two ways, in the first place the fair exercise of prosecutorial power can be guaranteed, and secondly the self management of their own things can be realized. The good examples of civil participation in the prosecution are the gran jury system and the Reviewing Committee on Prosecution in Japan. With the recent introduction of civil participation in the criminal trials in Korea, many people have interest in the civil control and participation in the criminal procedure. In Korea, the civil committee on prosecution was introduced in the prosecutorial office last year and three reform bills for the introduction of civil control system were submitted to the legislature. In these kinds of attempts at the control over the prosecutorial power through the civil participation, two new systems should be considered. The first one is the post civil reviewing system on the non indictment, and we can make a model of the Reviewing Committee on Prosecution in Japan. The second one is the pre civil reviewing committee on the prosecution after the model of the grand jury system in the U.S. and this system can contribute to prevent improper prosecution and the evasion or delay of prosecution.
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후방저속충돌조건에서 차체손상 최소화를 위한 크래쉬박스 최적설계에 관한 연구
김재봉(Jae Bong Kim),김문영(Moon Young Kim),이준영(Jun Young Lee),임홍재(Hong Jae Yim) 대한기계학회 2013 대한기계학회 춘추학술대회 Vol.2013 No.12
The purpose of the crash box is to absorb impact energy for protection of car body structure in low speed impact. This paper describes optimal crash box model that can be used to reduce the impact energy of a car body structure. the determination process for the cross sectional dimensions is proposed to improve the energy absorption of the crash box. The objective function is to minimize the internal energy of the vehicle. And constraint is maintain of mass. Response surface method(RSM) is performed to determine the cross sectional dimensions of the crash box to reduce demage on the body structure based on the RCAR test conditions. Through the proposed process, optimal crash box is suggested with the detailed shapes.
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