Tuned Mass Damper를 이용한 Linear Quadratic Gaussian 하이브리드 제진

최요섭 대한건축학회지회연합회 2005 대한건축학회지회연합회 학술발표대회논문집 Vol.1 No.1

The purpose of this study is to investigate the effectiveness of a LQG Hybrid controller to suppress the earthquake disturbance for the building structure. The ground acceleration of N-S component of El-Centro earthquake is scaled to confirm that the building behaves within the elastic range. The tuned mass damper(TMD) on the top floor regulated by LQG algorithm is designed to control the floor displacements. The displacement responses of the hybrid control are compared with those obtained from an active control along with a passive control. The results showed that the LQG hybrid control used approximately 50% less input forces than an active control to satisfy the performance criteria.

유럽에서의 망 중립성 및 검색 중립성 규제에 관한 연구: 유럽연합과 영국의 관련 규제, 사례 및 이론을 중심으로

최요섭 한국외국어대학교 EU연구소 2014 EU연구 Vol.- No.37

경쟁법은 시장에서의 경쟁을 원활하게 하는데 그 목적을 두고 집행되는 법분야로서, 현대 사회에서 시장경제질서를 확립하는데 중요한 역할을 하고 있다. 특히 유럽연합 경쟁정책과 경쟁법의 집행 내용은 우리나라를 포함하여 전 세계 경쟁당국에 영향을 미치고 있다. 최근 정보통신과 관련된 신경제의 발전이 급속도로 이루어졌는데, 이러한 발전은 경쟁법 집행에서 중요한 문제가 되고 있다. 특히 망 중립성의 개념과 더불어 검색 중립성의 논의가 이루어지고 있으며, 유럽연합을 포함하여 국내외적으로 검색 엔진의 비차별적 운영과 관련된 경쟁법 사건이 등장하기 시작하였다. 유럽연합에서 경쟁법 위반 심사가 종결된 사건으로 구글 사례를 들 수 있다. EU위원회는 구글의 사업활동이 시장지배적 지위 남용에 해당하여 유럽경쟁법 위반이 될 수 있다는 예비조사결론을 내렸으며, 최근 동의의결절차를 걸쳐 사건을 종결하였다. 위의 사건과 관련하여 검색 중립성에 대한 논의가 외국에서는 상당히 이루어졌으나 국내에서는 충분히 논의되지 않고 있다. 따라서 유럽연합을 중심으로 주요 유럽연합 회원국 중 하나인 영국에서의 논의를 함께 살펴봄으로써 검색 중립성과 관련된 규제의 원칙을 생각해 볼 수 있다. 현재 유럽연합에서 망 중립성에 대한 규제논의가 이루어지고 있는데, 검색 중립성에 대한 내용은 사후규제에 의존하는 것으로 보인다. 따라서 본 연구에서는 검색 중립성의 규제와 이슈에 대한 문제를 유럽연합에서의 망 중립성 규제와 연결시켜 논의하고자 한다. Competition law aims at ensuring competitive process itself in the market, and it plays an important role in modern society. In particular, competition law and policy in the EU have influenced other competition jurisdictions, including Korea. Recently, there has been a noteworthy development in telecommunications involving internet businesses, which has brought a hotly debated issue of “neutrality”. In addition to the topic of net neutrality, the concept of search neutrality has become one of the issues in competition law enforcement around the world, and the number of related cases seems to increase nowadays. The EU competition authority, the EU Commission, has dealt with the search neutrality case of Google; it issued a notice that Google’s bias business practice could possibly violate EU competition law and did a process of commitment. Furthermore, the issue of regulating net neutrality has been discussed in the EU while the topic of search neutrality has not been considered as a means of ex ante control. Therefore, we examine the issue of regulating search neutrality in the light of EU’s approach to net neutrality. The legal issue of search neutrality, despite its importance in competition law enforcement, has not been sufficiently discussed in Korea while it has been in the EU. Therefore, this article aims at introducing the recent case and legal approach in the EU, which can be relevant for the Korean case.

The Recent Enforcement of Competition Law Damages Actions in the European Union

최요섭 한국외국어대학교 EU연구소 2015 EU연구 Vol.- No.41

EU competition law has played a pivotal role for the market integration of the EU because it eliminates private trade barriers between Member States. In particular, the EU has a long history of implementing competition law, while its competition policy has focused on public enforcement rather than private litigation, which generates the concerns about unbalanced development of the implementation of law. To solve this problem, the EU has recently provided a Directive of competition law damages actions, which is regarded as a revolutionary legal framework of competition litigation for private parties, thereby to offer incentives to bring a case against anti-competitive practices. Furthermore, in 2015 the Court of Justice of the European Union issued a ground-breaking ruling on a case of cartel damages, which was important for further development of private litigations in the EU. Therefore, it is meaningful to discuss the recent development of EU competition law and policy on damages action as it can offer an idea for legal techniques to Korean competition policymakers. This article aims to introduce the EU competition law on damages actions and compare it with those in other jurisdictions. This article, thus, provides an initial step of comparative analysis on damages actions in competition laws, focusing on the EU case, and this will also offer a new approach to damages actions in the Korean competition regime.

Market Definition of Online Platforms in the New Economy: Another Foggy Day

최요섭 단국대학교 법학연구소 2019 법학논총 Vol.43 No.1

Platforms, or online platforms in the new economy, have become one of the difficult topics in competition law and policy around the world. Online platforms have a number of distinctive features that make competitive assessments difficult, such as the two (or multi-)sided market. The traditional method of defining the relevant market is the appraisal of substitutability on the demand side, while considering other factors like switching costs, etc. However, this legal and economic tool may not work for the market definition of an online platform. Despite the existing difficulties, the EU and the US have provided some guidance for the market definition in the area of online platforms by developing case law and policy on the digital economy. This article aims to discuss the recent developments involving the market definition of online platforms, thereby suggesting a future policy for the Korean competition regime.

‘Decision to Leave’: From Traditional Competition Law to New Digital Regulation and Potential Problems

최요섭 한국법제연구원 2023 KLRI journal of law and legislation Vol.13 No.1

Given the priority of digital competition and innovation, competition policy for the platform economy has developed in a noteworthy way in the past decade. Among other things, public support for a policy against large platforms has influenced vigorous enforcement of competition rules as well as adoptions of or, at least, discussions on a new sector-specific regulation in some countries. One of the key arguments for this is the present difficulty in applying competition rules to platforms. The distinctive feature of a multisided market with free services has become a notable hurdle in the implementation of competition law in the digital sector. Moreover, the emergence of various business models used by platforms has brought a debate on novel types of abusive conduct, such as self-preferencing and exploitative abuse of data privacy. The new categorisation of abuses of digital dominance, which involves new theories of harm, has become one of the burdens on enforcement agencies. Considering the complexities in applying competition rules, policymakers across the globe have considered a digital-sector regulation that contains formalistic legal measures. This trend seems a decision to leave from the existing competition law tools to new sector-specific regulations. The objective of this article is to discuss the recent developments in enforcement of competition law and the adoption of sector-specific regulations for the digital economy, especially for the EU and Korea. This article aims to suggest an appropriate direction for future policy on digital competition, with a focus on innovation and dynamic efficiency through criticism of the provisions in the EU’s Digital Markets Act.

European Supranational Governance of Artificial Intelligence

최요섭 한국외국어대학교 EU연구소 2020 EU연구 Vol.- No.55

The EU has established a robust foundation of the internal market that contains not only the traditional ways of transactions, involving goods, services, labour, and capital, but also the digital single market, relating to the new economy of artificial intelligence. Importantly, the historical development of supranational governance of the EU in the field of economic regulations, which covers various business practices and includes laws of competition and data protection, highlights its role in the global marketplace. Because the digital economy has become important around the world, the EU’s guidance in the area of artificial intelligence may influence overall policies on the new economy in other countries, particularly in Korea, and it is timely to discuss future policies on the digital economy and market, by looking at the recent approaches of the EU.

Understanding Contextualised Liveability from the Bottom Up: A Qualitative Analysis of the Participatory Planning Proposals in Daegu, South Korea

최요섭,서보경 대한건축학회 2020 Architectural research Vol.22 No.3

This paper takes a qualitative approach to examining liveability by analysing the participatory planningproposals delivered by the local residents in Daegu, South Korea. Drawing on the textual resources of the proposals andinterview data, the perceived liveability was found to vary across different neighbourhoods, and community cohesionand community capacity building were found highly valued in the liveability discourses in the Korean context. The paperargues that our understandings of liveability should be localised and contextualised at a sub-municipal level. It alsohighlights that participatory planning can be useful in articulating local communities’ perception and experiences ofliveability of their immediate localities, particularly in the less attractive and less affluent neighbourhoods in the city.

내측연수경색 환자의 정전가미이진탕(正傳加味二陳湯) 투여(投與) 1례(例)

최요섭,한진안,이경섭,윤상필,Choi, Yo-Sup,Han, Jin-An,Lee, Kyung-Sup,Yun, Sang-Pil 대한한방내과학회 2002 대한한방내과학회지 Vol.23 No.2

Medial medullary infarction is caused by occlusion of vertebral artery or lower basilar artery. In this report, one case had impaired pain and thermal sense over half the body, and complained of dizziness, nausea and vomiting. The other symptoms were slippery pulse(脈滑), pale tongue with whitish coating(舌淡苔白), white face(面白), obesity(體肥) and unchanged skin color(肌色如故). We diagnosed this patient as the Gastrointestinal Phlegm(食痰) and prescribed Jengjengamiyijin-tang (Zhengchuanjiaweierchen-tang). The symptoms of impaired pain and thermal sense, dizziness, nausea, and vomiting were improved. So, we suggest that Jengjengamiyijin-tang (Zhengchuanjiaweierchen-tang) could be effective to the patient with the symptom of the Gastrointestinal Phlegm(食痰)

A Study of Competition Law and Intellectual Property in the EU: Comparative Perspectives in Licensing Agreements

최요섭 한국지식재산연구원 2011 지식재산연구 Vol.6 No.2

Although competition or antitrust laws in different jurisdictions vary in enforcement, they have an unambiguous factor in common. That is the control on the oppressive use of market power. Therefore, implementation of competition law means challenging the firms that possess market power or exercise a similar power through agreements. Powers by means of intellectual property rights (IPRs) are no exception. It is true that there has been a never-ending conflicting opinion which has persistently claimed antitrust challenges for protecting the process of innovation by a vigorous competition. The intersection of IPRs and antitrust has, therefore, brought attention to scholars. One of the main objectives of competition law is to improve competition in the market, by means of preventing acts of abuse of market dominance or anti-competitive agreements. On the contrary, the IPRs allow firms to stimulate invention through permitting IP owners to exploit their market power. This seems that there is some conflict between these two areas. However, they are understood as in harmony since both eventually aim at achieving the goal for social welfare or efficiency. For this complex reason, most countries that legislate competition law also provide exemption regulations or guidelines for approving benign technology licensing. This article studies various legal techniques in the EU, the US, and Korea, illustrating the convergence through establishing the regulations and guidelines. It is somewhat difficult to decide whether positive outcome from a certain licensing agreement can offset anti-competitive one. However, a study of comparative law can offer a significant and diverse answers for the problem. Therefore, this article aims to provide a better solution for the existing problems in antitrust provisions on IPRs. This article explains the substantive law of EU competition law, including the unique block exemption provision on technology transfer, and compares it with reference to the current provisions on IPRs in the US and Korea. Then, it discusses the benefits from learning the EU block exemption regulation for its legal certainty outcomes. The provisions of the EU have proved their positive outcomes such as ensuring legal certainty through market share threshold guidance with hard-core prohibition. The Korean competition authorities can learn much from these legal techniques.

디지털 생태계 관련 경쟁법상 시장력과 시장획정

최요섭 인하대학교 법학연구소 2024 法學硏究 Vol.27 No.1

디지털 생태계에서 활동하는 플랫폼의 시장력 문제는 경쟁법상 관련시장획정과 관련하여 중요한 주제가 된다. 특히, 디지털 플랫폼 분야에서 시장획정 문제는 지난 10년 동안 전 세계 경쟁당국과 법원에서 가장 중요한 경쟁법적 문제로 다루어졌다. 전통적으로경쟁법상 시장지배적 지위를 추정하기 위해서는 시장점유율이 중요한 판단 요소이며 직접적인 증거가 된다. 시장점유율을 확인하기 위해서는 가격상승에 따른 소비자의 전환분석인 SSNIP 테스트를 이용한 관련시장획정이 필요하다. 하지만 무료서비스를 제공하는 디지털 플랫폼의 경우에는 관련시장획정이 어려울 수 있다. 따라서 디지털 생태계 분야에서 경쟁제한성이 의심되는 행위 또는 관련 분야에서의 경쟁압력을 판단하는 것이중요한 경쟁법적 과제가 되었다. 이러한 문제를 해결하기 위해 유럽연합은 게이트키퍼지정으로 착취남용과 배제남용을 직접적으로 규제할 수 있는 디지털시장법(DMA)을 도입한 것으로 보인다. 하지만 DMA의 핵심 플랫폼 서비스 획정과 게이트키퍼 지정제도의 도입은 지속적으로 진화하는 디지털 생태계의 특징을 이해하지 못하고, 관련시장과 규제범위를 일반화하는 행태규제를 채택한 것으로 이해할 수 있다. 무엇보다, 최근 디지털 생태계 사건에 기존 경쟁법을 충분히 적용할 수 있음에도 불구하고 특별경쟁법으로 플랫폼의 행위를 규율하는 것은 소비자후생과 효율성을 저해하는 결과를 가져올 수 있다. 예를들어, 플랫폼의 시장획정 어려움을 고려하여, 유럽연합 구글쇼핑 사건에서 유럽집행위원회는 SSNIP 테스트를 적용하지 않았고, 유럽일반법원도 이를 문제 삼지 않았다. 따라서느슨한 접근방법의 시장획정이 가능한 상황에서, 사전규제는 부정적인 효과를 가져올 수있다. 최근 우리나라 공정거래위원회는 유럽연합의 DMA와 유사한 「(가칭)플랫폼 공정경쟁촉진법」 입법추진을 발표하였다. 따라서 관련 입법논의를 위해 향후 디지털 생태계의연구가 필요할 것으로 보인다. The market power in digital ecosystems has become an important topic in the area of competition law. In effect, the theme of the relevant market definition in two-sided platforms has been one of the critical issues in many jurisdictions over the last decade. In order to presume market dominance, it is essential to have an appropriate market definition by means of the SSNIP test, based on demand substitutability. However, when a platform provides free services to consumers, it is often difficult to implement this methodology for defining the relevant market. The EU legislature seems to consider this problem and eventually adopted the Digital Markets Act (DMA) which was founded on the theories of digital ecosystems. The designation of gatekeepers under the provisions of the DMA appears as a generalisation of the relevant market and the scope of regulation without understanding distinctive features of continuously evolving digital ecosystems. In particular, it is possible to apply the existing competition rules to platform cases, but the way to regulate various platforms’ conducts through the DMA may impede consumer welfare and efficiency. The Korea Fair Trade Commission recently announced its project of a new legislative law of “Platform Competition Promotion Act” whose contents are analogous to the DMA. Therefore, a study of digital ecosystems relating to market power and market definition will be necessary for a future legislative policy on platform competition in Korea.