中·企 경쟁력 강화 위해 경영, 품질혁신요구 : 세미나보고서/토론

박재원 한국지역사회연구소 1996 지역사회 Vol.24 No.-

박재원 문학 2

박재원 한국아랍어아랍문학회 2006 아랍어와 아랍문학 Vol.10 No.2

공정이용 조항의 정당한 운용을 위한 법원의 역할에 대한 소고

박재원 서울대학교 기술과법센터 2019 Law & technology Vol.15 No.4

공정이용 조항이 우리 저작권법에 명문화된지 7여 년의 시간이 흘렀다. 그러나 일반 공중의 입장에서 자신의 행위의 적법성을 가늠할 수 있는 잣대로 작용할 수 있는 판결이유가 기재된 관련 판례를 찾기란 여전히 쉽지 않다. 공정이용 조항의 불명확성 또는 추상성을 고려하면, 이와 같이 공정이용 조항 자체에 내재된 문제점들을 극복하기 위해서 반드시 충분한 판례가 축적될 필요성이 있다. 왜냐하면 전체 판결에서 판결이유의 기재는 핵심적인 구성요소에 해당하기 때문이다. 또한 판결이유가 기재된 판례가 축적되는 작업은, 공정이용 조항이 진정한 행위규범으로서의 역할을 수행하기 위한 전제조건이기도 하다. 본고는, 저작권 침해 사건의 수가 증가하고 공정이용 조항에 대한 공중의 관심이 높아지고 있음에도 불구하고 공정이용 조항에 대한 관련판례를 발견하기 어려운 원인을, 소액사건심판법상 소액사건으로 분류되는 사건들의 경우에는 판결이유의 기재를 생략해도 무방하다는 점에서 찾았다. 대부분의 저작권법 관련 사건들이 우리의 민사법 체계에서 소액사건으로 분류되고 있기 때문에, 이와 같은 법적 상황은 판결이유가 기재된 사건들의 축적에 장애물로 작용할 수 있다. 더욱이, 우리나라는 공정이용 조항이 저작권법에 도입되기 전에 같은 법 제28조의 문언적인 의미를 벗어나 해당 조항을 공정이용 조항과 같이 운영하는 관행이 자리 잡고 있었다. 그러나 위 제28조와 제35조의3의 실효성을 기하기 위해서라도 위 조항들의 적용범위를 명확하게 구별할 필요성이 있다. 이와 같은 작업을 통하여 공정이용 조항이 현실적인 행위규범으로서 자리매김할 수 있을 것이라 예상된다. Fair use clause was introduced in Section 35-3 of Korea Copyright law about 7 years ago. However, it is hard to find relevant precedents with reason for the decisions which could be used as a standard for general public to foresee legitimacy of their behavior. Considering uncertainty or abstraction of the contents, it is required to accumulate enough precedents in order to overcome such inherent problems, because the reason for the decision is essence of a whole decision. Moreover, that would be a necessary precondition for fair use clause to function as a practical behavioral norm. This article suggests the reason why we cannot find relevant precedents for the fair use clause notwithstanding rising number of copyright infringement cases as well as higher interests of the public for the clause is that there is possibility to omit the reason for the decisions in small claim cases according to Trial of Small Claims Act. However, as most cases related to the copyright law would be classified into small cases in our civil legal system, such legal environment would make worse to accumulate substantial precedents with the reason for the decision. Furthermore, Korea has a practice to rely on Section 28 of the copyright law before the introduction of the fair use clause beyond the literal meaning of the Section 28. However, we need to distinguish the application of each clauses to ensure effectiveness of themselves. It would also contribute for fair use clause to position as a practical behavioral norm.

農漁村地域年金制度에 關한 硏究

朴在元 대구보건대학 1995 대구보건대학 論文集 Vol.15 No.-

According as the society changes, the changes at a farm and fishing village society are deeper. So family's disperson and nuclear families at the farm and fishing villages increase more than those at cities. The speed of aging is faster, especially the economy of farm and fishing villages is weaker than cities because of UR agreement. The poorer income at the farm and fishing villages requires their pension system. The pension system at farm and fishing villages needs a device demanding minimum correctness, keeping the base on present national pension law for the establishment of consistent policy and early settlement for the national pension system, The pension system will have to enlarge in the center of rural and fishing regions more than to limit and apply to farmers and fishermen, and the system of contribution and allowance will have to apply present national pension system. It must be enlarged in the center of rural and fishing regions, take the easiness of management and must be enlarged at the urban regions. So in the center of this contents, the important facts are as follows : First, the applying range and objects of farmers and fishermen's pension should be farmers and fishermen who live in the rural and fishing areas and people who do an independent enterprise. And the objects of application should be the farmers and fishermen and the family from 18 to 60 years old. Second, the supply for the revenue resource of the farmers and fishermen's pension should be the contributions that the members pay and be governmental volunteering money and the income that runs the fund. The contribution rate apply 3% in equality with the enforcing year of national pension. After that, 3% to 9% the 5 years adjust upward. The imposing system of contributions impose the standard presentation of income report, the income report of the members and rate application, and 3 step system, of adjustment afterwards. Third, allowances should apply to an old-aged pension a handicapped pension and a survivor's pension of present national pension. Possible pension should be paid to the spouse, children under 18 years old and their parents. The middle-aged people over 45 years old should be paid an old-pension of a special case in the enforcing year. Fourth, the use of fund should be made by finances intergration to be managed as present national pension fund and intergrated system in view of national pension system by way of income distribution between classes. Fifth, the organization of management in the farmers and fishermen's pension is driven for natural application of national pension. It is desirable that the computerized system for national pension considering the enlargement of urban regions should be enlarged. By establishing a single computerized management system, it should be prepared for whole national pension. In establishment of management organization in the rural and fishing villages, to minimize the additional expenditures, the established medical insurance association should be used. To apply the above system well, the government distribute proper advertizements and various kinds of prints. The government should realize the farmers and fishermen that this system helps practically the lives of their old ages.

醫療保險과 醫療傳達體系에 關한 硏究

朴在元 대구보건대학 1987 대구보건대학 論文集 Vol.10 No.-

The key purpose of carrying out health care delivery system is to serve quality care, health care services equitably and effectively to all the people in the nation. Health care system has indivisible relations to medical insurance system. In the future, therefore, health care system should be able to solve and renovate all the medical insurance problems to be occured in medical insurance system. First of all, medical insttutes, functional assignment of medical man power, formation of medical service area and so on are necessary to establish health care delivery system. According to the functional role of medical institute it was devided into three categories, for example, doctor's office, hospital and general hospital or medical center. Medical insurance services should be done by three eategories and are under the control of medical insurance system. For all the matters go smoothly without any trouble, it goes without saying that government and peoples who are engaged in health cared business keep up intimate dialogues and close co-operation. Not only that, nationwide understanding and co-operation are necessary to do medical insurance business.

우리나라 醫療保險의 當面課題와 改善方向

朴在元 대구보건대학 1992 대구보건대학 論文集 Vol.13 No.-

Since compulsory insurance system from medical insurance system has been enforced in 1977, the beneficiaries of medical are widely applied to te whole nation and mark a new epoch of medical insurance system after the lape of 12 years. However, to be taken strong and deep root about medical insurance system, rational medical communicating system should be kept the efficient management of limited medicate resources based on the stabilization of the finance of medical insurance. Also, for managing the abuse and misuse of medical and pharmaceutical products, and for efficient management of medicare resources, the separation of dispensary and medical practice should be taken into consideration. And it is worth due consideration DRG system and total contract system to solve too many unnecessary medical treatment and the examination of doctor's bill. Besides, it needs betterment that the betterment of medical insurance management, rational method of revenue supply. From this point of view, government, the beneficiaries of medical insurance, and persons engaged in midical treatment should be kept medicare charge not to be increased within a certain extent, also have to make perfection more perfect to be albe to quality service of medicare to the whole nation through the reformation of medicare system and practice.

韓國 官僚制의 代表性 確立方案에 관한 硏究

朴在源 牧園大學校 1996 論文集 - 牧園大學校 Vol.29 No.-

의료보험 소득재분배효과에 관한 연구

박재원,서수교 대구보건대학 2000 대구보건대학 論文集 Vol.20 No.-

This study compared and analyzed the effect of income-redistribution, calculating the occupied rate of insurance contribution, the occupied rate of insurance benefits, the rate of insurance benefits. income-transfer rate, decile distribution ratio, concentration index and Gini-coefficient by classes of insurance contribution, collecting data on the basis of the estimated details of insurance contribution and individual money wage lists for each one year before and after the combination of medical insurance program for industrial workers, by systematic sampling, extracting 4,160 families(14,764 people) among people applied to medical insurance program for self employees in Taegu Metropolitan City on the basis of Oct. 1st in 1998 with 227 associations of medical insurance program for self employees and medical insurance program for government employees and private school teachers combined, comparing the effect of income redistribution of before and after the combination of medical insurance program for self employees. The insurance contribution by household after the combination of medical insurance program for self employees showed the increase rate of average 20.9%, among them households of 68.8% increased and 31.2% decreased. The increase rate of insurance contribution over 15% from the 6th degree to the 10th degree showed, while 3.9% decreased in the 1st degree. The occupied rate of insurance contribution on classes by decile increased from lower classes by decile towards upper ones, and the occupied rate increased more from 8th degree to 10th degree after the combination than before the one, but the rest of all from 1st degree to 7th degree decreased. The effect of income-redistribution was more positive because the degree of inequality was more deepened from 0.64 of the before-combination to 0.45 of the after-one in decile distribution ratio, from 0.26 to 0.34 in Gini-coefficient. On the basis of Oct. 1st in 1998 that 227 associations of medical insurance program for self employees was combined into one, we could say that the equality of imposing medical insurance contribution was more re-considered in the after-combination than in the before-one. The study of the effect of income-redistribution should continuously be accomplished that can grasp the equality about the imposing system of insurance contribution, under the system of combined medical insurance towards enforcement of the law of national health insurance, because the purpose is the building up the system of single insurance contribution on the basis of whole nation income.

Cost Aspects of Radical Nephrectomy for the Treatment of Renal Cell Carcinoma in Korea: Open, Laparoscopic, Robot-Assisted Laparoscopic, and Video-Assisted Minilaparotomy Surgeries

박재원,최경화,양승철,한웅규 대한비뇨의학회 2012 Investigative and Clinical Urology Vol.53 No.8

Purpose: This study aimed to comparatively evaluate the cost-effectiveness of four different types of radical nephrectomy (RN) techniques: open, laparoscopic, robot-assisted laparoscopic, and video-assisted minilaparotomy surgery (VAMS). Materials and Methods: Among patients who were diagnosed with renal cell carcinoma and underwent RN, 20 patients were selected who received open, laparoscopic, robot-assisted laparoscopic, or VAMS RN between January 2008 and December 2010. Their medical fees were divided into four categories: procedure and operation, anesthesia, laboratory test, and medical supply fees. The medical costs of the patients were also divided into insured and uninsured costs. Results: The total direct cost of VAMS, open, laparoscopic, and robot-assisted laparoscopic RN were 2,023,791±240,757, 2,024,246±674,859 (p=0.998), 3,603,557±870,333 (p<0.01), and 8,021,902±330,157 (p<0.01) Korean Won (KRW, the currency of South Koea), respectively. The total insured cost of VAMS, open, laparoscopic, and robot-assisted laparoscopic RN was 1,904,627±231,957, 1,798,127±645,602 (p=0.634), 3,039,769 ±711,792 (p<0.01), and 899,668±323,508 (p<0.01) KRW, respectively. The total uninsured cost of VAMS, open, laparoscopic, and robot-assisted laparoscopic RN was 119,163±24,581, 226,119±215,009, 563,788±487,798 (p<0.01), and 7,122,234±56,117 (p<0.01) KRW, respectively. Medical supply fees accounted for the largest portion of the costs and amounted to 33.43% of the VAMS cost. Conclusions: VAMS RN is as cost-effective as open surgery. Furthermore, it is comparatively more cost-effective than laparoscopic and robot-assisted laparoscopic RN. Purpose: This study aimed to comparatively evaluate the cost-effectiveness of four different types of radical nephrectomy (RN) techniques: open, laparoscopic, robot-assisted laparoscopic, and video-assisted minilaparotomy surgery (VAMS). Materials and Methods: Among patients who were diagnosed with renal cell carcinoma and underwent RN, 20 patients were selected who received open, laparoscopic, robot-assisted laparoscopic, or VAMS RN between January 2008 and December 2010. Their medical fees were divided into four categories: procedure and operation, anesthesia, laboratory test, and medical supply fees. The medical costs of the patients were also divided into insured and uninsured costs. Results: The total direct cost of VAMS, open, laparoscopic, and robot-assisted laparoscopic RN were 2,023,791±240,757, 2,024,246±674,859 (p=0.998), 3,603,557±870,333 (p<0.01), and 8,021,902±330,157 (p<0.01) Korean Won (KRW, the currency of South Koea), respectively. The total insured cost of VAMS, open, laparoscopic, and robot-assisted laparoscopic RN was 1,904,627±231,957, 1,798,127±645,602 (p=0.634), 3,039,769 ±711,792 (p<0.01), and 899,668±323,508 (p<0.01) KRW, respectively. The total uninsured cost of VAMS, open, laparoscopic, and robot-assisted laparoscopic RN was 119,163±24,581, 226,119±215,009, 563,788±487,798 (p<0.01), and 7,122,234±56,117 (p<0.01) KRW, respectively. Medical supply fees accounted for the largest portion of the costs and amounted to 33.43% of the VAMS cost. Conclusions: VAMS RN is as cost-effective as open surgery. Furthermore, it is comparatively more cost-effective than laparoscopic and robot-assisted laparoscopic RN.

현역 군인 발생을 중심으로 본 2000년도 국내 삼일열 말라리아 발생 현황

박재원,김영아,염준섭,유정식,양병국,채종일 대한감염학회 2001 감염 Vol.33 No.4

Background : Since 1997, the annual case occurrence of vivax malaria in the Republic of Korea have exceeded 1,000 cases since 1997. The military is thought to be an important source of the current outbreak. We collected various informations about malaria cases (soldiers, veterans and civilians) which occurred in 2000, and analyzed the characteristics of the current outbreak. Methods : Informations about malaria cases of soldiers, veterans and civilians, including name, age, sex, day of onset, region, etc., were collected through the National Institute of Health. Results : Out of total 4,141 cases, 1,288 (31.1%) occurred in the military, 1,273 (30.7%) occurred among the veterans, and 1,580 (38.2%) occurred among civilians. The monthly case occurrence reached its peak in early August. Areas such as Cheolwon, Yeoncheon and Paju showed the highest prevalence. Conclusion : It is considered that the current malaria outbreak has escaped from the exponential growth phase, however, more attention should be paid to prevent further spreading of malaria infection. (Korean J Infect Dis 33:280∼284, 2001)