공정거래법 제59조 적용제외 규정의 해석론과 권리남용론 - 2012두24498 판결을 중심으로

이규홍(Lee Kyuhong) 한국정보법학회 2015 한국정보법학회 정기세미나 발표자료 Vol.- No.39

* 2009.12. 미국 지적재산집행조정관(enforcement coodinator) – 빅토리아 에스피넬 ; ‘IP여제’ 대통령에게 직접 보고(지재 관련 정책입안 집행에 유관부처 조정기능) 무소불위라고 불림 박준석 ; 연방대법원 2002부터 10년간 cafc와의 기싸움에서 줄잡아 10여건 파기 – 한국은 특허권의 충실한 강화가 필요하지 독점의 폐해를 조장하는 전문법원을 견제할 시기아님. 다만, 침해관할 통합 등 전문법원화 가속되므로 미국의 현상을 잘 이해필요 최근 특허제도에 대한 연방대법원의 입장 변화의 일환으로 보임 본고는 두가지 논문을 접목 ; 59조 문제를 다룬 글과 이를 포괄하여 IP이론입장에서 공정거래법의 특허법으로의 수용을 다룬 글 위 사건은 파기환송 후 고등 2014누3282 ; 소취하로 종결(관련 민사사건도 있으나 직접적 관련성 X) 위 쟁점은 지속적 기술혁신이라는 독금법의 목적과 관련하여, 특허의 확대, 즉, 특허권자 , 지식재산권자가 현실적으로 각 분야에서 한국 특유의 소위 ‘甲’으로 행세하는 경우가 많아짐에 따라 지속적 후속기술 혁신의 방해를 통한 비합법적 독점력 유지시도를 할 개연성이 적지 않다는 측면에서 인센티브 제공에 의한 기술혁신의 유인이라는 지식재산권의 전통적인 존재근거를 수호하기 위한 대책의 필요성이 있다는 점과 독점규제법 관련 주장은 지식재산권 침해소송 등에서 항변(소송상 주장)으로 제출될 ‘지식재산권 제한의 한 형태’로 논의되어 지식재산권 자체의 논리 및 그에 따른 입법으로 정리되어야만 지식재산권 본연의 가치를 전향적으로 반영한 해결책이 제시될 수 있다

국내 라이프스타일 호텔에 사용된 공간별 마감재 분석에 관한 연구

이규홍 ( Kyuhong Lee ) 한국공간디자인학회 2017 한국공간디자인학회논문집 Vol.12 No.6

(Background and Purpose) As the economic power of women grows and the millennial generation comes of age, lifestyle hotels are emerging around the world, beginning with budget hotels that target consumers for relaxation, fun, and leisure. A lifestyle hotel that values new experiences and diverse cultural pursuits gives preference to the use of finishing materials that emphasize comfort and content, rather than the luxurious finishes of large brands and boutique hotels. However, recent analyses of the spatial qualities and finishing materials associated with domestic lifestyle hotels are deficient. This study therefore analyzes the finishing materials used in lifestyle hotels according to various spaces and provides basic data for future lifestyle hotel development that is internationally competitive. Furthermore, it aims to present a futuristic approach to lifestyle hotels that includes more differentiated contents. (Method) The method is based on previous research and literature data, as well as theoretical considerations about lifestyle hotels. To analyze finishing materials at domestic lifestyle hotels, the study will examine hotel scenery and photographs, and visually search for objects. In addition, through in-depth interviews with related parties, it will study trends among finishing materials as differentiated from hotels of the past through research, spatial concept analysis, and the characteristics of finishing materials. The scope of this study will include hotels opened since early 2014, a period of rapid emergence and growth for domestic lifestyle hotels. All the selected hotels are in Seoul and metropolitan areas, where they occur with high frequency and distribution. (Results) The analysis of domestic lifestyle finishes is as follows. First, public areas, such as the lobby and restaurants are distinguished by their use of exposed concrete, wood floors, brick, and tiles, rather than the fine marble and carpeting used in the past. Carpeting was generally used to prevent noise and dust, whereas lifestyle hotels will favor wood floors, urethane coated concrete, and rugs. Walls are built using a combination of various finishes, such as glass, fabric and steel. Bathrooms are also freed of marble; they tend to use tiles to emphasize practicality and comfort. The rooftop bar, a unique spatial characteristic of the lifestyle hotel, features finishes that use synthetic wood for durability. Most of the ceilings are painted. (Conclusions) Most lifestyle hotels use more comfortable and reasonable finishing materials that suit a home furnishing budget as their primary materials, such as wood flooring, concrete, tiles, and various coverings, as opposed to high-quality materials. This study was used as a measure for reading the trends associated with the finishing materials of domestic lifestyle hotels. In the future, this will be the basic data used in the development of an internationally competitive lifestyle hotel in Korea that demonstrates increased research on the hotel itself, as well as its contents.

트랜스액티브 건축의 컨실리언스(Consilience) 특성에 관한 연구

이규홍 ( Kyuhong Lee ) 한국공간디자인학회 2017 한국공간디자인학회논문집 Vol.12 No.3

(Background and Purpose) Contemporary architecture provides space for human-oriented relations, and realizes transactive architecture via diverse digital media. (Method) This study was conducted to analyze the consilience characteristic, which produces delicate human emotions, diverse experiences, and impressiveness in the event of transactive architecture. Since the 2000s began, digital media has been fully developed. After selecting the cases that were judged to be suitable for this research, and based on the framework of inductive thinking, conclusions were drawn from the qualitative analysis of the consilience characteristic of transactive architecture. (Results) The conclusions traced through this study are as follows: consilience is not a categorical thought, but an integrated thought, which means unity and wholeness among various fields. First, the idea is based on the consensus of Spinoza`s theory of naturalism, which says the consciousness creates a continuous Mobius space in which all living things are continuous as one life. It is a combination of opposing elements, such as virtual and reality, or reality and fiction, and the space is an intrinsic abduction that is constantly changed by various events. Second, the decoded temporal characteristic of the consilience space does not mean a single center point, but represents a parametric structure that maintains equilibrium. It has both a non - hierarchy and a horizontal pluralism, addressing multi-dimensionality, decontamination, universalization, and decentralization. Space in digital media is really a network with no center point. It creates connections and relationships with the world, creating a digital community of new transcultural spaces that transcend the physical conditions of time and space. Third, consilience is a reactive, multidimensional, non-predictive, interactive, indeterminate space expressed by the user`s experience and subjective viewpoint as a four - dimensional space. In other words, the meaning of overlapping, multi-layered, constructive, and stationary locality disappears, leaving only the meaning of de-construction, and people have a dynamic, multi-dimensional viewpoint that is recognized by various movements in nomadic form. (Conclusions) As digital media gradually develops for use in contemporary architecture, problems such as consilience and distortion are becoming a major concern. Beyond contemporary architecture, various fields, such as arts, crafts, philosophy, etc., are connected with each other organically, based on transactivity and recognizing the possibility of crossover between fields. It is expected that the consilience characteristic of transactive architecture will eventually improve human lives by providing valuable experiences and intelligent and emotional spaces according to diverse conditions with unexpected events. This study suggests a diverse potential for transactive architecture, based on the idea of human-oriented architecture, and it is expected that there will be progressive studies and projects.

컬러 테라피를 적용한 의료시설 공간 디자인 계획

이규홍 ( Kyuhong Lee ) 한국공간디자인학회 2017 한국공간디자인학회논문집 Vol.12 No.2

(Research Background and Purpose) As medical facilities are becoming larger and more commercialized in recent years, there is a great demand for differentiated space design for each medical facility and strategic marketing for customers. It is important for the medical facility to provide a treatment-oriented space that is comfortable and sanitary, and to reduce the anxieties of patients and their guardians visiting or staying in the hospital mainly by providing designed space which delivers comfortable feelings to them. However, until now, the medical technologies, instruments, skillful doctors were the main factors in running a medical business but now the importance of medical space designing is highlighted in this industry. Therefore, the purpose of this study is to introduce the color therapy technique which is one of the psychological and mental healing methods that have recently been actively researched for differentiated medical facility design, And aesthetic space design that differentiated from each other. The design of a medical facility with color therapy not only provides a pleasant and safe medical facility design but also improves the healing ability of patients through psychological and emotional implications. Such double-sided effect of colour therapy is anticipated to double its strategic value. (Research Method) This study examines the basic roles and characteristics of medical facilities in literature and analyzes the characteristics and effects of each color based on the concept and principles of color therapy. We also analyze the mental and physical effects of each therapeutic colors in used in space. Hence, we propose a effective therapeutic colour design for each space of medical facility. (Result) In this study, considering the modern characteristics of medical facilities and strategic medical facilities, each room is designed with the customized therapeutic colours. The representative functional medical spaces of hospital such as lobby, hallway, children `s ward, dental ward, resting space, operating room and patient`s room were selected for the designs to be applied. Of these, the operating room is designed with green and blue colors to prevent bloody complementary afterimage, and a green color is used in designing dental space to alleviate fears of the patients. The corridors where many people come and go, is designed in yellow, which secretes the pleasure hormone, blue, and green which makes the viewers calm and ease. These colours help to prevent depression and the energy recovery and also the colourful design makes the long boring hallway interesting to walk. (Conclusion) The therapeutical colour designs of medical facility space do not only provide pleasant and safe medical facility but also enhance healing ability of patients with psychological and emotional effects and be used as effective marketing strategy.

무선 센서 네트워크의 자기 조직화된 클러스터의 에너지 최적화 구성에 관한 연구

이규홍(Kyuhong Lee),이희상(Heesang Lee) 대한산업공학회 2011 대한산업공학회지 Vol.37 No.3

Efficient energy consumption is a critical factor for deployment and operation of wireless sensor networks (WSNs). To achieve energy efficiency there have been several hierarchical routing protocols that organize sensors into clusters where one sensor is a cluster-head to forward messages received from its cluster-member sensors to the base station of the WSN. In this paper, we propose a self-organized clustering method for cluster-head selection and cluster based routing for a WSN. To select cluster-heads and organize clustermembers for each cluster, every sensor uses only local information and simple decision mechanisms which are aimed at configuring a self-organized system. By these self-organized interactions among sensors and selforganized selection of cluster-heads, the suggested method can form clusters for a WSN and decide routing paths energy efficiently. We compare our clustering method with a clustering method that is a well known routing protocol for the WSNs. In our computational experiments, we show that the energy consumptions and the lifetimes of our method are better than those of the compared method. The experiments also shows that the suggested method demonstrate properly some self-organized properties such as robustness and adaptability against uncertainty for WSNs.

로컬 커뮤니티 호텔의 체험 마케팅 유형 및 공간 특성 분석 연구

이규홍 ( Kyuhong Lee ) 한국공간디자인학회 2019 한국공간디자인학회논문집 Vol.14 No.3

(Background and Purpose) Local community hotels are emerging all over the world as Z-generation are increasingly enjoying their leisure activities to pursue their own unique personality and new experiences. The local community hotel, which values the pursuit of local culture such as exotic experiences, arts, and tastes that can be felt only in the area, offers a new and fresh experience to the customers by giving a new local experience. Overall, this is a transition from traditional marketing to experiential marketing for consumer experience. Therefore, It's important to utilize the experience factor in order to survive in the hotel industry by differentiating the local community hotel from other hotels in this study. Among them, the experience theory of Pine & Gilmore can present a more concrete direction in the local community hotel. Therefore, I would like to suggest a direction for future development of a more differentiated contents and design for various concept hotels. (Method) First, the concept and characteristics of the local community hotel will be examined based on previous research and literature data. Second, It design the analytical framework by using spatial factors and experiential marketing factors of the local community hotels derived from the previous research. Especially, it is limited to experience theory of Pine & Gilmore who are the leaders of experiential marketing. Based on this, the four experiential elements are summarized and limited to analysis framework. Third, based on the analysis framework, the representative cases of local community hotels are analyzed. Fourth, we will construct basic data that can be used in the conclusions of the thesis and the direction of hotel space planning. (Results) I analyze the local community hotel based on cultural and artistic experience, interactive experience. and local activation experience. The results of the analysis are as follows, First, Experience marketing characteristic of a culture-artistic viewpoint of a local community hotel that is sensibility, entertainment, connectivity, interactivity, creativity, eventfulness, participation. Second, the interactive experience of the local community hotel has a character of esthetics, interactivity, participation, eventfulness, immersion, creativity. Third, local activation experience has a characteristic of Sensibility, enjoyment, interactivity, connection, participation, eventfulness, immersion. (Conclusions) The result of case analysis of local community hotel uses that the characteristics of experiential marketing are generally related to the local community hotel space, Among them, interactivity, participation, and eventfulness were analyzed as common characteristics in case space. This study to analyze the experiential marketing aspect and spatial characteristics of local community hotels. In the future, I hope that it will be used as a base material for the development of a local community hotel in Korea that reflects more research on the local community hotel and various contents with international competitiveness in the future.

라이프스타일 호텔 공간 디자인 개발 -부산 M 호텔사례를 중심으로-

이규홍 ( Lee¸ Kyuhong ) 한국공간디자인학회 2021 한국공간디자인학회논문집 Vol.16 No.7

(Deisgn Background and Purpose) The hotel represents a commercial space and has been presenting and leading the way in lifestyle. As the consumer base of the present age has shifted from Generation X to Generation MZ, it is demanding new hotel designs and content that are different from the past. Hotels are transforming from luxury brand hotels formerly enjoyed by Generation X to lifestyle hotels that offer affordable prices and new experiences. The purpose of this paper is to present a real hotel space design in Busan, which reflects the consumer characteristics and biophilia concept of generation MZ. (Design Scope and Contents) The design progress was selected as the M Hotel. First, the research was designed to develop the spatial design of lifestyle hotels, and beyond planning design, I proposed implementation design for completion in 2022. Second, It focused on the characteristics of generation MZ, the main consumer of the present era, and the main concepts of lifestyle hotels, and based on this, we planned the development and concept of spatial design. Third, It developed a space plan, lighting plan, and material board according to the concept of each space. (Results) It established the direction of analysis through theoretical examination of the MZ and lifestyle hotels of the present age and proposed a major space design for Busan M Hotel. The biophilia design concept was derived and designed to melt elements of nature into the space reflecting the needs of generation MZ. With a total of 384 rooms from the 7th to the 27th floors, the rooms are designed with a design and LDK layout with plants in line with the biophilia concept. The 6th floor consists of info desks, shared offices, elevator halls, and conferences, mainly in the lobby space, and the shared office space was designed specifically for the socializing space of the MZ generation, implementing a cultural play area where people can enjoy work and socializing. The 28th floor was designed as a restaurant and bar, and like other spaces, the biophilia concept was applied to make it enjoy nature indoors. (Conclusions) Lifestyle hotels targeting generation MZs around the world are constantly expanding, with a variety of hotel designs and expressions and marketing that reflect the characteristics of each region, and bringing new experiences to consumers. The study suggested a hotel design with a biophilia concept to represent an oasis-like natural space for consumers tired of environmental pollution and various viruses, considering the consumer and locality of the present age that deviates from the perspective of luxury brand hotels. In planning future lifestyle hotel spaces, this study will provide guidance on basic hotel design.

‘잊혀질 권리’

이규홍(Lee Kyuhong) 한국정보법학회 2012 한국정보법학회 정기세미나 발표자료 Vol.- No.12

우리 스스로 만들어낸 사이버상의 또 다른 자아는 불멸의 존재인가 아니면 탄생처럼 죽음도 맞이하여야 하는가. 실명보도가 허용된 기사 혹은 실명이 드러난 검색결과에 의하여 어려움을 겪는 개인이 그 삭제를 주장할 수 있는가. 이들 문제는 디지털 시대의 특유의 쟁점으로 파악되다가 검색사이트가 엄청난 속도로 확산된 SNS를 검색결과에 포함시켜 실시간 검색을 하게 되고 또 과거 언론기사를 바탕으로 한 무차별적인 ‘신상털기’가 횡행하면서 심각한 프라이버시 침해문제로 논의되고 있다.

지정토론문

이규홍(Lee Kyuhong) 한국정보법학회 2011 한국정보법학회 정기세미나 발표자료 Vol.- No.7

1984년의 소니사건 이후 복제기기 자체에 의한 저작권침해 문제가 가닥을 잡아가는 과정과 병행하여 첨단 기기를 이용한 새로운 사업모델의 저작권침해문제가 논의의 대상으로 되어왔다. 특히 광대역인터넷에 의하여 대용량데이터의 전송이 가능하게 된 점에 착안하여 시작된 사업모델들이 문제로 되었는데 이 사건들처럼 외국에서 모국의 지상파를 녹화 전송(로구라쿠 사건) 하거나 실시간으로(마네키 사건) 볼 수 있게 하여 주는 사업은 이용자에게 주는 가치가 적지 않고, 과학기술 발전의 이익을 공유할 수 있게 하여준다는 시각에서 보면 유익한 것임에 분명하다. 즉, 자국 내에서는 단순히 TV를 시청하거나, 개인 소장 VCR에 예약녹화를 하면 매우 간단하게 이루어질 일이지만 외국에 거주하는 경우 그러한 일은 아무리 개인이 관련기기를 구입 사용할 수 있다고 하더라도, 번거로운 일임 틀림없어 그 상황의 특수성에 비추어 볼 때 그 대행사업의 목적은 타당한 면이 없지 않고, 개인용 기기들이 발전하나 그 사용방법이 반드시 간단하지는 않다는 면에서 보아도 이를 모 아 전체적으로 관리하는 사업은 예상가능한 것이었다고도 보인다. 그러나 이러한 사업이 방송사업자의 의도를 벗어난 것 또한 분명한데, 사업시행자들 역시 그러한 점을 인식하여 기존의 법제도의 틀 안에서(혹은 틀안에 있는 것처럼) 사업모델을 구축하여 경계선 상의 문제를 만들어 법률부문에 던져 주고 있는 것이다. 이하 불법성이 보다 명백해 보이는 로꾸라꾸Ⅱ사건을 먼저 본다.

Smart Cup

이규홍(Kyuhong Lee) 한국디자인학회 2016 한국디자인학회 국제초대전도록 Vol.2016 No.12