안내관류액내 저분자 dextran이 망막에 미치는 영향

김시열 최신의학사 1985 最新醫學 Vol.28 No.8

A Review of the Improvement of the Expert Evidence System under the Criminal Procedure Act - Focused on the Case of Intellectual Property Litigation -

김시열 한국소프트웨어감정평가학회 2022 한국소프트웨어감정평가학회 논문지 Vol.18 No.2

As the number of professional lawsuits increases, many discussions are being made on improving the appraisal system to assist a judge. In particular, the importance of expert evidence in a trial for intellectual property rights is more emphasized because of its unique characteristics. Although the relevance of expert evidence is emphasized in a criminal trial, active discussions on system improvement have yet to occur. Therefore, the problems of the expert evidence system by order of a judge in the expert evidence systems of the Criminal Procedure Act(Articles 169–179-2) and the ways to improve the problems are examined. To that purpose, solutions to challenges, such as the specification of an expert witness, the method of an expert witness examination, the method of a report on expert evidence, and the anonymity of an expert witness, were sought.

데이터베이스의 저작권 침해 판단 방법론 개선에 대한 시론적 검토

김시열 한국소프트웨어감정평가학회 2023 한국소프트웨어감정평가학회 논문지 Vol.19 No.2

The Copyright Act recognizes a database as a type of copyrighted work and protects the copyrights of databases as authorship works. It is notable that what is protected under the Copyright Act is not the database itself but the creative expression among its various elements. However, databases, particularly electronic databases, have unique characteristics that make them difficult to perceive and understand compared to other forms of expression. Furthermore, databases are often used in the intermediate stages rather than the final stages, hindering discussions on copyrights for databases. Various legal cases have revealed the absence of effective and reasonable similarity measurement models to prove copyright infringements or violations of other legl rights related to databases. The absence of models makes it difficult to adequately respond to increasing rights infringements and weakens the protection of legitimate rights holders. This study explores directions for developing a reasonable similarity measurement model to address this issue, specifically the direction of deriving a comparison algorithm that is applicable to the problems and various factors of creative expression.

저작권 분쟁조정과 SW감정 연계 문제에 관한 검토

김시열 한국소프트웨어감정평가학회 2018 한국소프트웨어감정평가학회 논문지 Vol.14 No.1

In process of copyright mediation, the parties hesitate to take adventage of SW appraisal system of Copyright Law. In this paper, we analyze obstacle factor and come forth with some solution in order to solve a dilemma issue. Specifically, we need to improving an public function of sw appraisal, and it should be permitted to make an exception in invoking products. Otherwise, I was concerned about choosing as evidence, adopting simplicity appraisal.

법정조언자 제도와 소프트웨어감정 제도의 비교 연구

김시열,김민정 한국소프트웨어감정평가학회 2018 한국소프트웨어감정평가학회 논문지 Vol.14 No.2

This study examines the implications of an appraisal system based on Article 119 of Korean Copyright Act, especially the appraisal of computer program works, by reviewing the amicus curiae system of the United States. Although the amicus curiae system is not exactly a target contrasted with the Korean appraisal system, it is meaningful to compare them in various aspects. The amicus curiae system is viewed positively for its function of providing information during litigation, supporting the court’s understanding of specialized fields, and providing opportunities for the socially disadvantaged to participate. As for software appraisal system under the Korean Copyright Act, on the other hand, more active participation is demanded in the dispute resolution process. Thus, through comparison with the amicus curiae system, this study considers the degree of appraisal involvement, the level of activeness in appraisal, the appraisal by expert groups, and the issue of appraisal costs.

실질적 유사성 판단을 위한 가중치 활용과 질적 분석의 관계

김시열 한국소프트웨어감정평가학회 2019 한국소프트웨어감정평가학회 논문지 Vol.15 No.1

In Korea, the calculation of quantitative similarity is commonly used to gauge the substantial similarity of computer programs. Substantial similarity should be assessed by considering the quantity and quality of areas that show similarity, but in practice, qualitative aspects are reflected by multiplying the weighted value in the calculation of quantitative similarity. However, such a practical method cannot be deemed adequate, considering the fundamental characteristic of the judgment on substantial similarity, which holds that the quantitative and qualitative aspects of similar areas should be considered on an equal footing. Thus, this study pointed out the issue regarding the use of weighted value and sought appropriate ways to take into account qualitative aspects when assessing the substantial similarity of computer programs.

저작물성 인정과 실질적 유사성 판단의 관계 - 대법원 2022. 12. 1. 선고 2021다246804 판결을 중심으로 -

김시열 한국소프트웨어감정평가학회 2023 한국소프트웨어감정평가학회 논문지 Vol.19 No.3

컴퓨터프로그램에 대한 저작권 침해 소송에서 유사한 정도를 확인하기 위해 정량적 유사도를 많이 활용한다. 이 과정은 기술자의 영역과 법관의 영역이 일부 중첩되는 특징을 갖는다. 과거에는 이 중첩 영역이 어느누구도 관여하지 않는 공백의 영역으로 남는 문제가 있었다. 그러나 최근에는 저작권 침해 소송에 대한 실무적․이론적 연구가 많이 이루어지고 있어 과거와 같은 공백은 줄어들고 있다. 특히 실질적 유사성 판단을 위한 정량적 유사도의 활용과 한계의 인식, 저작권법에 의해 보호받는 표현을 특정하기 위한 여과과정의 작용방식 등 몇 가지 사항에 대해서는 소송 실무상 매우 중요하게 다루어지고 있다. 대법원은 최근 대법원 2022. 12. 1. 선고 2021다246804 판결에서 이와 같은 사항들에 대해 감정을 통하여 대응해나간 바 있다. 대상판결은저작권 침해 판단을 위해 전반적으로 충실하게 접근하였으나, 일부 설시에서 발견되는 부주의함이 있어 이에대한 점을 살펴보았다. In quantitative similarity process, the role of the engineer and the role of the judge overlap partly. In the past, there was a problem that this overlapping area remained blank in which no one was involved. However, many practical and theoretical studies on copyright infringement litigation are being conducted. Therefore, in recent years, the gap as in the past has been decreasing. In litigation practice, the use of quantitative similarity to determine practical similarity, recognition of its limitations, and the way the filtration process works to specify expressions protected by copyright law are treated very importantly. The Supreme Court recently responded to these matters through the Supreme Court Judgment 2021Da246804 Sentenced December 1, 2022. The judgment approached the overall process of judging copyright infringement faithfully, but there was some carelessness found. So, this point was examined in this paper.

[지식재산이야기] 요리법(Recipe)도 보호가 가능할까요?

김시열 한국특허신문사 2022 특허 뉴스 : 특허기업의 길라잡이 Vol.- No.191

지식재산권 소송에서 감정의 공공성 확보에 관한소고

김시열 한국소프트웨어감정평가학회 2022 한국소프트웨어감정평가학회 논문지 Vol.18 No.1

The Expert Testimony of the Civil Procedure Act aims to assist professional knowledge and experience to supplement judges’ decision. However, in the case of appraisal performed by a judge's order, the judge's control is bound to be weak, so the reliability of the appraisal results is lost by using this, which makes it difficult for judges to decide. In particular, in lawsuits related to intellectual property rights, due to its essential characteristics, judges rely more on experts who perform appraisal during the trial process. Since judges cannot take the lead in controlling the appraisal process, securing fairness and reliability for the expert is considered a very important factor. Therefore, it was thought that the public nature of emotions would function importantly as a means of securing fairness and reliability of Expert Testimony. To this end, the direction of system improvement to secure the publicity of emotions was examined.

저작권 감정비용 산정방식 개선에 관한 방향성 고찰

김시열 한국소프트웨어감정평가학회 2014 한국소프트웨어감정평가학회 논문지 Vol.10 No.1

This study examines specific changes that should be made to improve the appraisal fee estimation method as well as the other factors in line with it. This study finds the main fault, with providers of appraisal services, for limiting the efforts made so far to improve appraisal and concludes that plans for improvement can be effectively implemented only when service providers acknowledge such. This study also aims to suggest specific improvements factors in the appraisal feel estimation method, particularly as the current formula is out of date and fails to reflect the changes that have occurred since its conception.