인터넷상에서의 契約締結 - 意思表示와 관련한 몇가지 基礎的 檢討

張在玉(Jae-Ok Chang) 중앙대학교 법학연구원 1998 法學論文集 Vol.23 No.1

전속계약에 관한 소고

장재옥(Jae Ok Chang) 중앙법학회 2005 中央法學 Vol.7 No.4

연예인의 성명ㆍ초상의 경제적 가치 보호와 손해배상법의 역할

장재옥(Chang Jae-Ok) 중앙대학교 법학연구원 2003 法學論文集 Vol.27 No.1

위자료와 사적제재

장재옥(Jae Ok Chang) 중앙법학회 1999 中央法學 Vol.- No.1

미국에서의 訴訟費用分擔과 法律서비스保險

張在玉(Jae-Ok Chang) 중앙대학교 법학연구원 1999 法學論文集 Vol.23 No.2

死後의 人格과 遺族의 人格保護

張在玉(Jae-Ok Chang) 중앙대학교 법학연구소 2000 法學論文集 Vol.24 No.1

傳統文化表現物의 법적 보호에 관한 연구

張在玉(Chang, Jae-Ok),金勳柱(Kim, Hoon-Joo) 중앙대학교 법학연구원 2008 法學論文集 Vol.32 No.2

The main purpose of this study is to analyze on the legal protection of traditional cultural expressions("TCEs" or, "expressions of folklore") First, there is no internationally settled or accepted of a "traditional cultural expression. But there are many definition in national and regional laws and in international instruments. Defining the subject matter of protection has long been one of the most fundamental challenges associated with the protection of TCEs. This study contains how TCEs are defined can determine the extent to which and how they may be protected by intellectual property. Second, there are disagreements between developed countries and developing countries about intellectual property protection agreement of TCEs. The developed countries insist on using the existing intellectual property protection, but the developing countries ask sui generis systems on character of TCEs. So both of them participate in intergovernmental committee of WIPO(World Intellectual Property Organization) and debate about the question. Finally, an international regime of extensive protection for TCEs is not incompatible with some of more practical aspects of national and international intellectual property law, but it is also incompatible with the policies and purposes underlying traditional intellectual property law, particularly copyright law. So I recommend that protection for TCEs fall under alternative forms of intellectual property law, such as trade mark and trade practice, design, and unfair competition.

스포츠 법의 현황과 과제

장재옥(Chang Jae-Ok) 중앙대학교 법학연구원 2006 法學論文集 Vol.30 No.1

  I would like to report three points on the Korean sports law in this paper. First, it is on the current legal system of sports in Korea. Second, law cases are interesting to understand the trend of sports law. Third, the introduction of researches on Korean sports law is my concern.<BR>  Sport Law is related with the sports or sports industry implicated in the various fields of law. Generally, we classify the sports law into two categories: the sport national laws and the sports autonomy enactments. The latter is like sport rule, the engagement between participants or the spirit of sports.<BR>  I initiate to report, hereby, the sport national law. The Korean Law for Promotion of People"s Physical Education (No.7630) has many defaults. In other words, the law has some drawbacks in such a basic law as the sound spiritual development and the promotion of sports. Recently(on 3rd of May, 2005), the lawmakers propose the Bill of Sports Industrial Promotion Law in the Assembly of Korea. The law is pending in the course of its decision. The law has a crucial meaning in order to establish the development organization as well as educate the professionals in sports industry areas. The Bill of Leisure Sports Promotion Fundamental Law was also proposed on 20th of October in 2005. The law focuses on the basement of law so that citizen can enjoy their sound cultural lives in leisure. This law targets for the operation of fund in order to develop the leisure sports by the local government, for the standard of safety on the leisure sports facilities, and for the support to develop in the field of the leisure sports.<BR>  The main assignments, however, is the enactment of Sports Fundamental Law. The purpose of the Sports Fundamental Law must focus on the guarantee of citizen right in sports. The law should include the whole boundary of sports based on the corporation ranging from person and group to local government. The law should have some traits to present the national direction in sports complementing its drawbacks and organizing the law system related to sports.<BR>  Concerning with the report of case trends, recently the cases on sports have been increased in Korea. Some traits related to the case of civil law are largely on the case of contract law. For example, the case on the golf club membership is dominated, and other cases are followed: exclusive contract of sports player, cases on the drafts, conflict of breach of contract in transferring the sports teams. Cases of torts are mainly on the custody or supervising on players, the employer"s liability, and the liability of sports facilities.<BR>  In Korea, the researches on the sports law have been studied since the establishment of the Korean Association of Sports Law in 1999. As a result, the 16th academic seminar has been held, and the academic activities have been evaluated by a lot of scholars and lawyers who concern with the field of sports law. The 8th edition of the “Journal of Sports and Law” has been published by this academic association. This association enrolled in the Incorporation in June 2005 which has contributed to the systematic law structure as well as the enhancement of academic relationship.<BR>  Futhermore, I suggest that we should need more researches on sports autonomy as well as enhance the relationship among the participants in sports area.

교육정보화를 위한 저작권법의 과제

張在玉(Chang, Jae-Ok) 중앙대학교 법학연구원 2009 法學論文集 Vol.33 No.2

Digitalization of information cooperated with the emergence of electronic communication networks has significantly changed the ways in education and E-learning. Education is the means by which we develop our nation's human resources. In this information age, the scope of education has reached the levels of both cooperation and competition on a global scale. In Korea society, the national capability to meet its domestic and international challenges or responsibilities is directly dependent on its educational capacity. These standpoints on education have been reflected on the copyright law which regulates the limitation of proprietary rights on the copyrighted works for educational purposes. The primary purpose of the Copyright Act is to protect the rights of the copyright holders and encourage the fair use of copyrighted works. Furthermore, it can contribute to the development of the society of education. For the purpose of facilitating the fair use of the copyright works, the exclusive rights of copyright holders are limited to a certain extent, especially when educational institutions wish to use the works. The regulations for the limitation of copyright are currently applied to the utilization of copyrighted materials for educational purposes. The intellectual information has a particular nature to produce the real meaning and the value of itself only when it exists as a social co-ownership source. Therefore, if we think of the regulations as an excessively strengthened copyright as it is, we cannot avoid weakening the right to make the best of the intellectual sources. As a result, of course, we cannot help taking a major hurdle against the cultural development of this society of education. It is the reason why we have to reduce the side effects of the excessively strengthened intellectual copyright in this period of the revision of the copyright act. This paper undertakes a thorough comparative study of the issues of copyright works, and this study focuses on the scope of the utilization of copyright works for educational purposes in three countries. It examines the laws of United States, Japan, Germany to see how the laws expand the educator's rights in utilizing copyrighted materials. The utilization of copyrighted works for educational purposes limits the rights of copyright holders, which does not apply to all of the cases. However, in the cases of digital works, the utilization of copyrighted works for educational purposes has raised new issues on the copyright. The rights should be understood by users as well as the holders. On the other hand, diverse measures are required to provide benefits for both copyright holders and the users in educational field. Currently, with the trend of the revision, congress in Korea has strived to address multiple policies in developing the law, but foremost issue is the quest for the balance between its owners and users.

징벌적 손해배상 개념의 수용가능성

장재옥(Chang, Jae-Ok),이은옥(Lee, Eun-Ok) 중앙대학교 법학연구원 2015 法學論文集 Vol.39 No.3

Under contemporary torts, compensatory damages is not a sufficient remedy for the victim. The punitive damages is the necessary policy measure to improve the problems of current circumstances against torts. The purpose of punitive damages is to punish the wrongdoer and to deter that person and others from similar tort in the future. Therefore the punitive damages may not be suitable for our legal system and practice. If the damages from illegal conduct are confined to the victim's losses, the inherent deterrent effect of compensatory damages may be sufficient. However, when illegal conduct gives rise to profits that are greater than the damages incurred by the victim, a purely compensatory system of damages will fail to provide adequate deterrence. German law has had and still has a difficulty of openly accepting punitive damages as part of its legal system. But since the necessity of accepting punitive damages has increased, punitive damages have been applied to such broad areas that they can be considered exceptional. Certain areas such as infringement of the right of personality and employment discrimination based on gender cases are frequently governed by the notion of deterrence, which results in damages that are not purely compensatory. The noncompensatory and punitive elements of German law on damages is increasing. The introduction of the concept of punitive damages may be difficult in our civil law system, but this issue must be resolved through legislation of punitive damages in certain areas.