법학전문대학원에서의 법학초보자 교육프로그램의 구상

田炳西(Chon Byung-Seo) 중앙대학교 법학연구소 2009 法學論文集 Vol.33 No.1

On July 3, 2007, the Korean National Assembly passed legislation introducing 'Law School', closely modeled on the American post-graduate system. This year the Law School is started. It is the big reform of the legal education system. The one of major purpose of the new legal education system is to train the superior legal experts from various backgrounds, so it is natural to be admitted the students who don't specialize in law or don't have legal knowledge to the Law School. The new students of the Law School show the diversity in their age, degree, career and social experience. Law school graduates will have to pass the bar exam before practicing, which can start in 2012. Therefore the program that helps the students(non-law degree holders) studying in the new legal education system is needed ; 1. E-learning system 2. Development of the auxiliary textbook, database 3. Reorganization of teaching assistance system 4. Winter Seminar

新칸트學派의 法思想 : Rechtsdenken der Neokantianer

朴光緖 中央大學校 法學硏究所 1975 法學論文集 Vol.3 No.-

國際化時代에 있어서의 法學敎育의 課題

李丙朝 中央大學校 法學硏究所 1991 法學論文集 Vol.16 No.-

법학교육 양성목표 및 실현방법에 관한 연구

허신건 ( Shen Jian Xu ) 중앙대학교 법학연구원 문화미디어엔터테인먼트법연구소 2011 문화.미디어.엔터테인먼트 법 Vol.5 No.2

The Legal Education of China is currently under serious criticism for its huge gap between theory and practice. This article issuing a call to vary the goal of Legal Education, upgrade the Experiential Teaching. The author has varying perspectives for the future of Clinicians` shared mission of improving Legal Education

엔터테인먼트 표준약관상의 중재조항에 대한 관견(管見)

이준형 ( Joon-hyong Lee ) 중앙대학교 법학연구원 문화미디어엔터테인먼트법연구소 2010 문화.미디어.엔터테인먼트 법 Vol.4 No.1

2008. 9. 대한상사중재원이 한국엔터테인먼트법학회에 용역을 발주하여 같은 해 11. 30. 제출받은 연예엔터테인먼트 분야 6종(전속계약[가수, 연기자 각각], 연화출연계약, 방송출연계약, 광고출연계약, 영화공동투자계약)에 대한 표준계약서 초안 가운데 전속표준계약서 초안은 2009. 4. 17. 한국연예매니지먼트협회(연매협)과 한국연예제작자협회(연제협)를 거쳐서 공정거래위원회 약관심사과에 제출되기에 이른다. 그 후 공정거래위원회에서 2009. 7. 6. 최종적으로 대중문화예술인 표준전속계약서(표준약관 제10062호[가수중심]/제10063호[연기자중심])가 의결되었다. 조정제도는 사법상의 분쟁을 적정, 공평, 신속하게 해결하도록 한다는 점에서(중재법 제1조 참조) 전통적인 사법구제절차에 비하여 장점을 가지지만, 그 법률적 기초의 근간은 어디까지나 私人間의 자발적인 합의(중재합의)에 있기 때문에, 특히 교섭가능성이 부재한 부합계약의 경우 이를 인정하면 자칫 국민의 기본권인 司法접근권(access to justice)이 박탈될 수 있다는 우려를 부정할 수 없는 것이 현실이다. 지금까지 공정거래위원회가 마련한 표준약관들을 훑어보면 이번 경우와 같은 분쟁해결 조항을 포함한 것을 찾기 어렵다는 사실도 이러한 우려를 반영하고 있는 것이라고 할 수 있다. 그런 의미에서 이번 표준분쟁해결약관의 제정으로부터 새로운 과제를 떠안게 된 것은 중재법학뿐만 아니라, 아니 오히려 그보다는 약관법학이라고 보아야 하지 않을까 한다. 이 글에서는 먼저 이번 약관의 제정을 가능하게 하였던 엔터테인먼트업계의 현실을 살펴보고(Ⅱ), 다음으로 약관과 중재합의의 관계를 일반약관, 표준약관, 개별약정 이상 세 가지 경우로 나누어 살펴보는(Ⅲ) 순서로서 논의를 진행하였다.

중국 빅데이터 거래에 관한 법적 고찰 -정보법을 중심으로-

김군 ( Jin Jun ) 중앙대학교 법학연구원 문화미디어엔터테인먼트법연구소 2018 문화.미디어.엔터테인먼트 법 Vol.12 No.2

The integration of information technology and economic society promotes the rapid development of Big Data. According to the survey conducted by the China Academy of Information and Communications Technology that the size of China's Big Data industry was 470 billion RMB in 2017, demonstrating a 30% year-on-year increase. There can be no doubt that Big Data industry is becoming a new economic growth engine and will play significant role for the future patterns of the information industry. Although Big Data transactions have developed vigorously, there is still no specific rules to regulate it. In practice, Big Data transaction is regulated by The General Rules of the Civil Law, Contact Law, Copyright Law, Law of the PRC against Unfair Competition, and the Information Protection of related regulations and policies. In order to provide grounds for Big Data transactions, this article introduces the general situation of China's Big Data Exchanges and the types of Big Data transactions, as well as the laws related to Big Data and the trading rules of Big Date Exchanges in China. In fact, there is no explicit rules for attribution of big data, and the attribution of Big Data is determined by agreement in legal practice generally. If there is no agreement in previous, the right of Big Data should be attributed to the Data collector (or creator). In the aspect of Big Data circulations, the information collector, which shall specify the using of information method, the extent and purpose of information to the individuals, shall obtain the individuals consent in advance. Finally, this article also review two cases related Big Data. According to the ruling, without permission of using Data, which is legally collected by others, is an unfair competition. In the case of cookies, the court established a standard for using personal information to infringe on the privacy rights of individuals.

미국 스타트업 기업의 관점에서 본 지식재산권법제

윤병희 ( Byung Hee Yoon ) 중앙대학교 법학연구원 문화미디어엔터테인먼트법연구소 2018 문화.미디어.엔터테인먼트 법 Vol.12 No.1

This paper seeks to examine and analyze the current trends and status of intellectual property laws in the United States, and serve as a reference practice guide for Korean entrepreneurs looking to enter the American market as start-ups. The concerns regarding budget, which plague almost every start-up company, necessarily become even more nuanced for foreign entrepreneurs, as they must navigate the administrative and legal nooks and crannies that differ for them. This paper limits its scope to the management, and strategizing of intellectual properties portfolios, and not the vast administrative and tax concerns associated with foreigners’ founding of companies in the United States. The Leahy-Smith America Invents Act (AIA) enacted on September 16, 2011 is a major reform of substantive patent law in America, ushering in the era of first-to-file system, which rewards early filing as compared to the previous first-to-invent system. This shift, together with new prior art disclosure rules, makes seeking patent protection particularly more burdensome for start-ups and independent inventors with budgetary limitations. While the AIA provides for affordable prosecution options in limted circumstances via provisional applications and micro entity certifications, entrepreneurs seeking protections for novel ideas and inventions may sometimes be better served by strategical uses of trade secret protection as an alternative, or a complementary solution to patent protection. In actively utilizing trade secret to protect intellectual property assets, entrepreneurs must be mindful of the newly enacted Defend Trade Secrets Act (DTSA) of 2016, and the variety of legal tools it provides the plaintiff including access to federal courts, and damages for monetary loss or unjust enrichment. Even with these enhanced set of tools, however, entrepreneurs must carefully weigh the costs and benefits of patent protection against those of trade secret protection, since the potential recovery for a successful patent litigant in America is often significantly higher than in Korea. Lastly, due diligence in preparation for trademark registrations in potential markets may be worth the up front cost even for budget-conscious start-up companies, considering the potential financial risks associated with weak, or even worse, infringing marks.

스포츠중계방송에서 발견되는 공공성 보호에 관한 연구

김건희 ( Gunhee Kim ) 중앙대학교 법학연구원 문화미디어엔터테인먼트법연구소 2018 문화.미디어.엔터테인먼트 법 Vol.12 No.1

In 2011, a legal conflict occurred where Seoul Broadcasting System(SBS) acquiring a right to broadcast World Cup games was slashed for violating “universal audiovisual right” under Broadcasting Act. The court decision in this case was the first and only one of its kind regarding the provision of universal right of the Act that serves to limit broadcasting rights which are part of right to property under the Constitution. The court found the SBS in violation of its obligation to distribute broadcasting rights of the 2010 South Africa World Cup Games at a fair and reasonable market price by refusing or delaying without a legitimate reason sales of those rights to Korean Broadcasting System(KBS) and Munhwa Broadcasting Corporation(MBC). SBS was imposed corrective orders and penalty surcharge by Korea Communications Commission, to which it objected seeking for cancellation of the disposition. The Court decided that the SBS violated Article 60-3 Paragraph 1 Subparagraph 3 of the Enforcement Decree of Broadcasting Act. In addition, to the argument for unconstitutionality of the same provision, the Court said that the right to business, contract, and property enjoyed by broadcasting companies under the Constitution could be limited under the Article 37 Paragraph 2 of the Constitution, and that the right to property could not take precedence over the public nature of broadcasting and public value of universal audiovisual right of the public. The ground for limiting universal audiovisual right can be found in the public nature of sports and broadcasting. Sports have established themselves as a type of culture that not only highlights personal accomplishment and pursuit of happiness, but also inspires national unity and pride. Sports events listed in the provision of Broadcasting Act regarding universal audiovisual right represent international events participated by Korean athletes. Watching Team Korea play games itself unifies the country under a shared identity, which adds a public nature to the function of sports. Meanwhile, broadcasting is also seen as public goods because air waves are rare and remain in the public domain. If we consider the two ultimate values of broadcasting are promoting publicness and public interests, the benefits and rights of viewers must be given a serious consideration. Sports that are aired can only be made worthwhile when they successfully reach the receiving end. Therefore, sports relay broadcasting needs to be approached from the perspective of the access right of viewers and audience. The public nature of sports and broadcasting led to the provision of universal audiovisual right under Broadcasting Act, which developed from universal right to access based on universal service. In conclusion, the regulation on transaction of sports broadcasting rights and broadcasting of sports events by means of universal audiovisual right under Broadcasting Act can be justified, under a big framework of Article 37 Paragraph 2(Admissibility to limit basic rights) of the Constitution, by both access rights of viewers protected by the universal rights under the Act, and the value of user access deemed important by an objective of Copyright Act. In other words, access to a sports broadcasting right whose nature is of public goods should be considered from the perspective of both the rights of viewers ensured by universal audiovisual right under Broadcasting Act, and facilitation of the use of the users intended by Copyright Act.

종교 음악의 저작권 처리 방안에 대한 연구 - 교회 음악을 중심으로 -

최진원 ( Choe Jinwon ) 중앙대학교 법학연구원 문화미디어엔터테인먼트법연구소 2018 문화.미디어.엔터테인먼트 법 Vol.12 No.2

Religious organization such as Christian churches use various copyright works which are literary works, computer programs and musics, but it is rare to pay royalty when using musical works. This is a dangerous situation considering the current tendency toward soaring copyright disputes. The reasons for not paying the royalty may be due to the lack of awareness of copyright and economic difficulties, but the biggest cause is the complexity of legal relationship. The current situation in Korea tells the fact that the trust rate of CCM is very low. Most songs are managed by a large number of copyright agency or brokers and individual authors. Hinted from unique ways of dealing copyrights in religious field, such as CCLI, this paper shows more effective ways of dealing with copyright in current Korean situation.

시스템 導入類型別 Y2K 法的 問題

李俊雨(Jun Woo Lee) 중앙대학교 법학연구소 1998 法學論文集 Vol.23 No.1