인터넷 도메인 네임의 商標權 侵害에 관한 硏究

위병준 建國大學校 國際大學院 1999 국내석사

Recently, in the US, the dispute over trade mark rights related to internet domain names is increasing. As internet becomes popular all over the world, domain names are treated as a precious resource. The controversy over trade mark rights occurs because the registration of domain names is on 'first-come, first served' basis. Problems usually occur when a domain name is already registered by somebody else before a company with a well-knwon trademark trys to register. Problems become more serious when some people(who are called 'grabber' or 'cyber squatter') register only to get a premium from companies with well-known trademarks. In the US, lawsuits over domain names, especially "*.com", have increased rapidly since 1996. South Korea is also expected to experience the same problem with domain names such as '*.co.kr". Thus, after introducing the cases of domain names in the US, I will deal with South Korea's case such as "*.co.kr". In this way, we will find what are the problems of trade marks on domain names Then, I will suggest how to solve this kind of problems. For this purpose, in chapter 2, I will briefly introduce the history of internet, the moaning, structure and registering procedures of domain names and InterNIC's stratigy over disputes of domain names. In chapter 3, I will analyze the jurisdiction, cause of action and relief steps on this matter, which are now treated as most controversial in the US. In chapter 4, we will think over a few international organizations' suggestions which were made to reduce the disputes, Those suggestions are based on the idea that trade mark disputes cause from the structure of domain names. In chapter 5, 1 will deal with the current trade law and 'anti-unfair law' which deal with the dispute over trade mark rights related to domain names "*.com" and "*.co.kr" and show the limitation of those laws. We will study several cases on this theme in detail. Then, I will suggest how these persons concerned have to prepare and behave again this kind of matters. In chapter 6, I will analyze and summarize the contents I have dealt with and suggest how the law has to be modified to solve the dispute over the trade mark rights infringement related to domain names.

製造物責任에 관한 硏究

오제선 건국대학교 국제대학원 2000 국내석사

特許權 間接侵害에 관한 硏究

김길해 建國大學校 國際大學院 1999 국내석사

The scope of this thesis is restricted to the observations of legislative precedents, doctrines and cases relating to an indirect infringement of a patent right in 1,fading countries , the understanding and collect ive analysis of the grounds for the precedents cases about the disputes of indirect infringement of patent right , which have actually occurred under Article 127 (Acts Deemed to be Infringement) of the Korean Patent Laws, the searching for absurdity in recognition of the protection scope and the suggestion of reform measures. The study of this thesis is to compare the legislative precedents of the leading countries with those of our country and to compare, analyze and summarize the grounds for theories and legislative precedents through the related theses, the publications and the cases, which has been publicized in foreign countries and our country with respect to the indirect infringement of patent right. The content and the format method of this thesis are as follows. In chapter 2, prior to referring to a patent infringement, in order to understand the essence of patent right, the significance, character and effects of patent right as well as the interpretation of the scope of the claims and the related principles are described. In chapter 3, in order to understand the concept of a patent infringement, the significance of the patent infringement and a direct and an indirect infringements as a kind of the patent infringement are roughly described. In chapter 4, the provisions on an indirect infringement of patent right and its purpose are observed compared with foreign legislative precedents. Further the requirements for indirect infringement, the time of basis for determining an patent infringement and its proof responsibility are described and then the cases of foreign countries and our country are analyzed. In chapter 5, the civil and criminal remedies for indirect infringement of patent right are described. In chapter 6, problems resulted from indirect infringement are suggested. At last, in chapter 7, subject matters are collectively analyzed and important relevant contents are summarized, suggest ing one model for determining an indirect infringement of a patent right. In addition, a reform measure based on legislative theory is also suggested.

인터넷 貿易의 經濟性에 關한 硏究

안진배 건국대학교 국제대학원 2000 국내석사

醫療紛爭의 解決에 관한 硏究

이성호 건국대학교 국제대학원 1999 국내박사

住宅抵當債權流動化制度 에 관한 硏究 : 外國의 流動化制度와 比較分析을 中心으로

신치정 건국대학교 국제대학원 2000 국내석사

The mortgage-backed securities system is the one that is operated in advanced countries such as the US, Japan, France, the United Kingdom and the like. It varies slightly in method according to their economic system but is taking root and operated as the system for raising housing funds. The rate of loan on house funds is low relative to comparatively high house price in Korea, and the mortgage-backed securities system has been desperately required to be introduced as the solution to the chronic housing fund problem. Housing financing in Korea has several problems such as fund operation, funding raising, credit security and the like. In terms of housing fund, the national housing fund provides poor support for the low-income backet and the nongovernmental housing fund of the Korean Housing Bank is operated in a nature of public housing financing, and it does not serve its proper function. The (housing)finance company has provided people with loan services on housing fund in accordance to the market interest rate but stop providing loan services on housing financing because of recent difficulty in raising funds. In terms of housing fund raising, the fund-raising structure is unstable by raising financial resources in a business-dependent manner. Especially, the national housing fund is raising financial resources in a non-market compulsory quota method while the (housing) finance company is unstable in its fund-raising structure because it is raising funds based on short-term borrowing. In terms of credit complementation, the housing financing credit guarantee fund provide the guarantee of the person's status for the low-income bracket, but the object of the guarantee is limited. The private guarantee insurance company only deals with guarantee of the loan on housing financing as part of all kinds of guarantee insurances and the person's credit is supplemented within the limited range because there is not subject that is exclusively in charge of guarantee on the person's credit. This problem of housing financing in Korea can be found in the small size of housing financing. The small size of housing financing is attributable to the poor housing financing system. Accordingly, the small size of housing financing should be overcome to activate it, which implies that it is necessary to reestablish the housing financing system. The key to reestablishing the housing financing system is expand fund raising from the retail saving market to the wholesale capital market. For this purpose, it is necessary to introduce the mortgage-backed securities system. Given the Korean laws, institutions and economic conditions, the most appropriate mortgage-backed securities system is that the mortgage-backed securities brokerage institution will have to perform its role. It is because as the favorable function of the mortgage-backed securities system it is by far easier to impose the power of public confidence on the mortgage-backed securities brokerage institution than on an individual housing fund lending institution. Whether to impose this power of public confidence becomes a very important element in lowering fund-raising costs. And rather than an individual housing fund lending institution to raise funds by issuing MBS, the mortgage-backed securities institution to raise funds massively can activate and make the mortgage-backed securities system take root by implementing the economy of scale. And the housing fund lending institution can be induced to expand the scope of dealing with housing funds by passing the risk it takes on to the mortgage-backed securities institution. Also, the early standardization of the loan secured on housing in accordance with the criterion for acquisition presented by the mortgage-backed securities brokerage institution can retrench the cost related to the loan secured on housing. And the smooth operation of the mortgage-backed securities system can be expected by storing, managing and transmitting its related information and data. Given several conditions at the current stage, the mortgage-backed securities system should be operated by dividing it into two stages. At the 1st stage, the initial period of introducing the mortgage-backed securities system, there may be any possibility that MBS is not properly absorbed as investors' uncertainty on investment increases on account of the absence of information related to the MBS system. Accordingly, the MBS institution can raise funds from the capital market through the issuance of mortgage-backed bond similar to corporate bond. At the 2nd stage, the medium-and long-term period that experience and information on the mortgage-backed securities system are accumulated with the issuance of MBB, the financial technique is available and the ability of investors in the bond market to manage the risk is raised, MPTS and MPTB can be issued. In case of MBB, all kinds of risks are concentrated on the mortgage-backed securities brokerage institution as MBS is provided on security but issued on credit by the mortgage-backed securities brokerage institution. The security of investment in MBB lowers as the risk is concentrated on the mortgage-backed securities brokerage institution. Fund-raising costs are raised as the size of excessive security provided by issuing MBB increases. Accordingly, at the initial stage that the mortgage-backed securities system is introduced, fund-raising costs should be reduced at the time of issuing MBB by imposing the high power of public confidence on the mortgage-backed securities brokerage institution in case MBB is issued. If the mortgage-backed securities system is successfully operated by issuing MBB, MPTS and MPTB can be issued. In this case, the mortgage-backed securities brokerage institution should be exclusively responsible for issuing MPTS and MPTB at the early period of its introduction and the housing fund lending institution could issue MPTS and MPTB if the system take root to some extent in terms of operation. I this case, the mortgage-backed securities brokerage institution should guarantee the timely payment of the principal and its interest for MPTS. An attempt was made to make a comparative analysis of the mortgage-backed securities system in foreign countries. As a result, it was concluded that it is necessary that the legal, institutional, economic and bond market conditions should be fostered and government should provide tax incentive and financial support for the system so as to activate it. It is said that Korean Mortgage-backed Securities Company (KoMoCo) formed by both government and excellent financial institutions (such as Kookmin Bank, Korean Housing Bank, Korea Exchange Bank and Samsung Life Insurance Company) has issued 9 kinds of MBS equivalent to 400 billion won on the basis of 80,000 accounts of bonds the National Housing Fund holds. But, it is said that it takes common people 5 years to use housing financing commodity at a long-term low interest rate. It is expected that the time will come to purchase housing at 20-30% of the housing price as the mortgage-backed securities well-suited to our actual situation takes root and is activated.

아파트 단지 防犯에 관한 硏究 : 서울 양천구 목동 아파트단지를 중심으로

김철주 건국대학교 국제대학원 2001 국내석사

Because of a limited territory, an apartment is dramatically distributed over the country. In future, the resident type of apartment will be the most popular type of a residence. By the way, the critical reason to prefer to apartment is not only the housing problem but also the desire for safety of body and life. Already, the recognition that "The resident type of apartment is believed to be more safer than that of exclusive house against crime." is spreaded in the common people. According to an OUT research, that recognition is turned out to be true. So, it is very important to keep the apartment more safer. To do this, this study was started. The results of this study are as follows : 1. The police dispose an official responsible policeman for large-scale apartment sites. And through him, the police cooperates with the private security company more effectively. 2. Establishing the law of architecture in order to make a more efficient building for crime prevention. And establishing the law of large-scale apartment sites that every apartment, even really small apartments, must employ guardsman of the special private security company. 3. Improving the regulation of security instructor in order to force all the private security companies to employ security instructor. 4. Appointing and developing special training academy for training a private security manpower. 5. Setting the CCTV(Closed-Circuit Television) on a place where a crime is frequently committed (such as parking lot) in order to prevent crime and check who enter the area of apartment sites. 6. Setting the card-key system and CCTV on the entrance door in order to prevent crime in the apartment buildings. 7. Making the crime reporting system which use the computer network inside buildings.

住宅賃貸制度의 改善 方案에 關한 硏究

김흥일 건국대학교 국제대학원 1999 국내석사

부동산 개발사업에 있어서 금융기법에 관한 연구 : 프로젝트 파이낸싱을 中心으로

조재천 건국대학교 국제대학원 2004 국내석사

株式.債券.不動産의 收益率分析에 관한 硏究

김영호 건국대학교 국제대학원 2000 국내석사