2018, Vol.6, No.3

A Practical Study on the Protection Status of Trade Secrets of US Companies

CHUN YONG TAE | 2018, 6(3) | pp.9~48 | number of Cited : 5

Nowadays, Korean company’s overseas expansion is remarkable, and there are lots of regions where we have advanced in many places but have deep economic ties. In this situation, researches and studies on trends of trade secret protection in the United States have very useful significance. Therefore, this study examined the research and study on the trend of trade secret protection in the United States. The purpose of this paper is to provide meaningful information to lawyers about US trade secret protection in order to provide information on US trade secret protection. So this article explains the US protection status based on the Defend Trade Secrets Act of 2016, which was enacted in May 2016 in the United States. First of all, the United States, based on case law, examines the characteristics of the US legal system, which is considered to be beneficial for understanding trade secret protection in the United States, in view of the different laws and laws of the United States based on continental law. The results of reviewing practical trends of protection are discussed. The leakage of trade secrets is increasing due to internal corruption of people who can easily access information originally. It is impossible to completely prevent leakage to the outside regardless of technical and physical management within the enterprise. First, it is necessary to identify where confidential information is located in the enterprise, to evaluate whether the protection situation is sufficient, and to review necessary measures by referring to the trade secret management guidelines or international standards. Keeping trade secrets and leaking is also an act that people do. In addition to technical and physical measures, human resources management is very important for information security measures. It is also important to take appropriate measures in advance from the perspective of how effective legal action can be taken when a leak occurs. If there is a suspicion of leakage of trade secrets, it is necessary to identify the facts and make a firm response.

Burden of Proof Rules, Findings and Explanations

Borhanian, Shahin | 2018, 6(3) | pp.49~84 | number of Cited : 0

Whether the Double Contract of Real Estate constitutes Breach of Trust

Jeon Myung Gil , Lee Young Woo | 2018, 6(3) | pp.85~105 | number of Cited : 4

The Restorative Justice and the Role of Lawyers

MoonKwi KIM | 2018, 6(3) | pp.107~133 | number of Cited : 3

Restorative justice has emerged as an alternative to the problems and side effects of the traditional criminal justice system and has been the driving force of criminal justice reform around the world for over 40 years. The process of restorative justice involve a variety of people including victims of crime, perpetrators, their respective families, mediators or facilitators, community members, police, prosecutors, lawyers, judges and officials of correctional services. The scope and role of the participants in the process depend on the specific situation in which the restorative justice program is implemented and on the specific model of restorative justice. But, all participants should play a role in planning new restorative programs, or in augmenting or strengthening restorative justice elements. The purpose of this study is to discuss the position and role of lawyers in the implementation of restorative justice, which is not covered in previous studies. In this study, first, the potential risks and problems inherent in restorative justice practices were discussed and the relevant necessity of lawyers was examined. Next, we talked about when lawyers should intervene and what role they should play in the implementation of restorative justice programs. Finally, we discussed the extent to which the lawyers' participation would be acknowledged in relation to the implementation of the south korean restorative justice systems, and discussed how to institutionalize lawyers’ participation. As a result, the role of lawyers in resolving the potential risks of restorative justice, ie, the risks associated with the victim, the problems of process lacking formalism, and the problem of power balance, can be said to be large. With regard to the manner of lawyers’ intervention, they should not be involved in the restorative process as representatives of the parties in stake. Instead, they should participate as an assistant or observer who consult the parties on the legal side. With respect to the timing of their intervention, the lawyers does not have to be present throughout the restorative process, but rather should be done before and after the restorative meeting between the parties. In regard to such involvement of lawyers in restorative justice process, there is no need to legislate the role of lawyers in South Korea. In stead of legislation, the qualification of lawyers and their intervention timing in restorative justice process should be discussed .in the practical level

The acquisition of Air Rights by the normalization of Drones and the scope of the Effect of Land Ownership

Kim Seung Rae | 2018, 6(3) | pp.137~174 | number of Cited : 5

In the modern society, the expansion of land use due to the increase of population and the development of science and technology is caused by the physical shortage of land coming from the limited resources of the land and the economical factor Land shortage problem. As a means to overcome the shortage of land due to such urbanization, the problem of using the land in a three - dimensional way is raised and the problem of intensification of land use is raised. Therefore, the necessity of the development for securing the public space and the underground space of the land is emerging, and the legal scope of the land ownership and the establishment of the jurisprudence about the public land becomes the important legal task. The debate about the 'Fourth Industrial Revolution', which is hotly debated in our society, is affecting all industrial sectors and is emerging as one of the most important research tasks of national industrial policy. As one of the core technologies that will lead the fourth industry, drone is attracting attention and it is entering the commercialization stage. Drones' representative UAV market is no longer a future market. According to Gartner, a technology forecasting specialist, the global drones market last year exceeded $ 4.5 billion in sales and sold 2.15 million units. As the drones become commercially available, many technical improvements have been made, and many legal issues regarding the operation of drones are being raised. The purpose of this study is to examine the policy direction of drones in each country as a premise for examining the legal problems caused by the commercialization of drones, to examine the use of land by the drone as an unmanned flying object, As a basic right, we examined the scope of the land ownership and discussions on the controlled airspace in aviation law.

Problems and Improvement of Parental Support in Civil Law

Jong-Ryeol Park | 2018, 6(3) | pp.175~208 | number of Cited : 1

In Korea, due to the continued low birthrate, the elderly population has increased, and in 2021 which is three years later, the age of super aged society is emerging as a new problem how to support many old parents. The main reason of super aged society is the low birth rate, but due to the remarkable development of medical technology, the life expectancy has been greatly increased, and the economic burden of supporting a large number of elderly parents by small number of beneficiary has been greatly increased. Thus, the issue of dependency is of the utmost concern as a matter of urgency to be addressed in entering the super aged society. Like this, in recent years, the dependents awareness of elderly parents who can be seen as the interaction through human history has become a condition that families cannot fulfill their roles and the state and local governments are burdened in the social public welfare. However, as the conflict is on the rise, the problem of supporting the elderly is expected to become a big problem for the home and the nation in the entering the age of the super aged society. In relation to this, Korea is defined the private support in Article 974 of Civil Law that between the lineal relation and the spouse by priority, and secondary the other relatives who only make a living with them. Under this provision, supporting the parents is subject to the principle of personal support duty, and the range of support that a family member or individual can be responsible for is weaker than public support. They are also more likely to flee the burden of care for their elderly parents. This means that old parents can face a situation where they cannot enjoy "the right to live a human life". Therefore, in this study, as the study on the general private support for old parents, analyzing first the theoretical basis of the support system for the old parents under the civil law, and then analyzing the problems of the support system for the elderly parents through the legislation of each country. Based on this, I would like to suggest a reasonable improvement plan for the support of the elderly parents.

The Act of Disposal and Intend of Disposal in Fraud

Song, Seung Eun | 2018, 6(3) | pp.209~230 | number of Cited : 4

An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type

Hong, Tae-Seok , Kwon Yangsub , Byong Sun Kwack and 1 other persons | 2018, 6(3) | pp.231~252 | number of Cited : 9

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A Study on Restorative Justice System as Prevention and Countermeasure for School Violence

Lee, In Gon | 2018, 6(3) | pp.253~292 | number of Cited : 12

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The Cross Interpretation of the Humanity and Violence with the Law and Society and the Legal Philosophical Perspective

Jongho Kim | 2018, 6(3) | pp.293~326 | number of Cited : 0

Theodore W. Adorno is a Jewish German philosopher who says that he lived with the ‘experience of violence’ of Nazism throughout his life and felt violence in various phenomena. Adorno’s point was that ‘violence is a ubiquitous world.’ For him, a life after Auschwitz would have meant that a variety of violence in daily life would have to be experienced under the associations in Auschwitz. It should be interpreted that the well-known phrase ‘to write poetry after Auschwitz’ is a barbarity. There is constant conflict, terror, and murder in the world, and human violence toward the same race is accepted as a human being, and it can be criticized in terms of social evolution. This paper has attempted a critical review of the paper by Professor Wilfried Gottschalch of the man and violence (Menschlichkeit und Gewalt). The struggle in nature is very simple and clear. This is due to the acquisition of food and the act of leaving genes. Chimpanzees and other infanticide killings can also be understood as strategies to bring their genes to the posterity in the first place. The formation of the herd, the contents of the formation, and the choice of solitary action are also aimed at this acquisition. But human beings are greatly different. Especially since the beginning of agriculture, occupation of land is important and the difference from the natural world becomes clear. They have struggled with other villages in order to occupy and expand farmland. Because the dispute took place among the groups, the disputes were so incomparable to those of the natural world. Group relations appeared in various categories such as religion and country as well as agricultural villages. And now, as the modernization progresses, it is possible to have a big victim even in one fight. The same is true of wars and it also has a variety of victims. This fight can not but be said to be human-specific. However, it will be said that it is a stable acquisition of food and sex as in nature. This article presents the origin of human violence, and furthermore, it has highlighted the uniqueness of violence in humanity. However, instead of mentioning its solution, it was replaced by a discussion of humanity. For as long as life is maintained, the solution will remain an eternal task.

Limitations to judicial dispute resolution and collaborative research between law and psychology

Oh, JungYong , 김성은 | 2018, 6(3) | pp.327~344 | number of Cited : 0

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2018, Vol.6, No.3