노인용 부착형 구강보건교육매체(의치관리법)와 아동용 CD-ROM구강보건교육매체 (6세구치 관리법) 평가

진보형(Bo-Hyoung Jin),조애희(Aie-Hee Cho),정재연(Jae-Youn Chung),송윤신(Yun-Shin Song),박덕영(Deok-Young Park),황윤숙(Yoon-Sook Hwang),김영수(Young-Soo Kim) 대한치과의사협회 2006 대한치과의사협회지 Vol.44 No.9

The evaluation of the 2005 oral health education materials made in Korea Oral Health AssociationBo-Hyoung Jin¹, Aie-Hee Cho², Jae-Youn Chung³, Yun-Shin Song⁴, Deok-Young Park⁵, Yoon-Sook Hwang³, Young-Soo Kim⁶Purpose : The purpose of this study was to evaluate the CD-ROM education material for children’s oral health and the stick-on leaflet education material for the elderly, thus was to furnish the basic data for more refined material manufacture for oral health education.Methods : We used the questionnaire method, thus sent the questionnaire sheets to 246 health centers in Korea, and collected and selected 141 questionnaire sheets and analyzed those data by SPSS Ver. 10.0 statistical analysis program.Results : In the outward appearance, we have obtained relatively high evaluation score in following factors; durability, ease of stick-on, printing, ease of practical use, and the size of material in education material for the elderly, and cover printing, packing condition, cover design in education material for the children. In the contents analysis of education materials, we have obtained relatively high evaluation score in the organization of contents, the delivery of effective informations, the fitness of contents level, the effective motivation into practice in the education material for the elderly, and in the reflection of learning objects, contents organization, appropriateness of contents level & terminology selection, maintenance of concentration, convenience to teaching, appropriate page setting, and the distinction from existing materials in the education materials for the children. In the illustration analysis, we have also obtained relatively high evaluation score in communication of contents without fallacies, appropriate arrangement of illustrations, color tone selection, photograph clearness, and fitness of letter size in the education material for the elderly, and appropriate organization of illustration, realistic flash image, appropriate illustration for contents delivery, appropriate character use, appropriate arrangement of action pictures in the education materials for the children.Conclusion : Based on our obtained results, we have thought that in manufacturing oral health education material, the reinforcement of outward appearance and contents for inducing interests be requisite.

6세아동에서 2년후우식경험영구치면수증가여부를 예측하는 모형의 개발에 관한 연구

박덕영,문혁수,김종배 ( Deok Young Park,Hyock Soo Moon,Johng Bai Kim ) 대한예방치과·구강보건학회 1993 대한구강보건학회지 Vol.17 No.2

온라인디지털콘텐츠산업발전법 제정의 의의 및 그 효과에 관한 소고

박덕영(Deok Young Park),김혜창(Hye Chang Kim) 연세법학회 2002 연세법학 Vol.8 No.2

The digital contents which has creativeness has been protected by the Copyright Act in Korea. However, the contents which was not creative could not have been protected so far on the ground that it lacks creativeness, one of the prerequisite for copyright protection, even though the industry invested much time and effort in digitalizing the contents. Until recently, they had no remedies against illegal reproduction of their contents through the network. Considered these situations, the Ministry of Information and Communication initiated to enact a law to protect digital contents providers and to promote digital contents industries. The newly enacted law, which is to enter into force on the 15th of July 2002, protects digital contents providers on the basis of unfair competition rules rather than giving them rights of IPR holders. The protection is for five years from the date of marking after its production. By the birth defect, the act already contains several problems from the beginning. The Act is regulating promotion of digital contents industries and protection of contents producers in the same law, which is quite a rare case. Since there is no clear definition of considerable effort and serious violation in the Act itself that we have to wait and see how the courts interpret these words in actual cases. Furthermore, this Act cannot cover off-line distribution of illegal reproduction because the title of the Act itself limits the coverage of the law. It may also cause some problems in international perspectives: the Act provides various ways of supporting digital contents industries which may not be in conformity with the present international trade law on subsidies. It remains to be seen how this Act will actually operate in the near future. Through the enactment of Implementing Decree and Rules and by the establishment of Basic Plans, I wish this Act will become more clearer and that it will help promotion of Korean digital contents industries.

개성공단 투자보호와 분쟁해결제도의 개선방안 고찰

박덕영(deok young Park),강승관 법무부 국제법무정책과 2010 통상법률 Vol.- No.92

The Gaesung dispute over exorbitant demands on several working conditions could be repeated considering political and economic situations surrounding the Gaesung Industrial Complex and the Korean peninsula. For these reasons, the dispute should be peacefully solved by a legal process mentioned in the mutual agreement concerning investment protection in both regions, not by taking such a step caused by public sentiment. Against this backdrop, we review major provisions of the Agreement on the protection of investment between the Republic of Korea and the Democratic People's Republic of Korea, and the Agreement on dispute settlement procedure concerning commercial dispute. The Agreements could be arbitrarily interpreted because some provisions are abstract or ambiguous. It seems possible for North Korea to violate the Agreements whenever it wants. Moreover, North Korea's annulment declaration is relevant to, what is called, indirect expropriation, which can also be called equivalent, tantamount, creeping, constructive, disguised, or de facto expropriation. It is recognized in international law that measures taken by a state can interfere with property rights to such an extent that these rights are rendered so useless that they must be deemed to have been expropriated, even though the state does not purport to have expropriated them and the legal title to the property formally remains with the original owner. Jurisprudence about international investment agreement to date has identified a series of key principles relevant to analyzing whether there has been an indirect expropriation. Considering these important factors concerning indirect expropriation, North Korea's annulment declaration can be seen as an indirect expropriation. In order to settle the dispute over investment protection promptly and effectively, the Agreements should be revised. First, the definition of some key words or phrases should be clarified. Second, methods of giving investors back their profit should be designed. Third, effectiveness of dispute settlement procedure should be enhanced. The important thing is the Korean government's will to make a proper legal process to settle the disputes peacefully. In the long term, it could be a better idea to bring North Korea before international arbitral tribunals such as ICSID or UNCITRAL in order to settle the disputes fairly and effectively, and to promote the relationship between both regions.

关于修订《汉韩大辞典》及推出网络辞典的建议 ― 对比《大汉韩辞典》,《ZON汉字辞典》等辞典予以探讨

朴德英(Park, Deok-Young),王平(Wang, Ping) 대한중국학회 2019 중국학 Vol.67 No.-

韩国《汉韩大辞典》作为韩国现行使用最普遍的韩国汉字辞典,最初由《大汉韩辞典》(1964年)修订而来,保留了古今众多的汉字词,性质与中国《汉语大词典》同。自1973初版后,该辞典几经再版,一直未再修订。鉴于《汉韩大辞典》在《大汉韩辞典》的基础上删减了一些很有价值的 汉字词,或部分词条被删除后造成种种不当,且在编撰体例上存在诸多不完善之处,诸如插图及分 词条汉语注音、汉语注义的欠缺,等等,本文认为《汉韩大辞典》应该予以修订,适当收录被删除 的有价值的汉字词,并完善编纂体例,使之更详实、更细致、更方便读者使用。同时,为克服纸质 辞典的局限性,拓展其收容量,及时更新词条,便于读者携带,有必要推出《汉韩大辞典》的网络 辞典。 As the most commonly used Chinese character dictionary in Korea, Korea s the Chinese-Korean Dictionary was originally revised from the Large Chinese-Korean Dictionary(1964) and retained Chinese characters from ancient times to around 1950. Since the initial edition of 1973, the dictionary has been reprinted several times and has not been revised. In view of the deletion of some worthwhile Chinese characters in the Chinese-Korean Dictionary on the basis of the Large Chinese-Korean Dictionary, or the inappropriate deletion of some entries, and the many imperfections in the compilation style, such as the lack of illustrations, Chinese phonetic notes and Chinese annotations, etc., this paper holds that the Chinese-Korean Dictionary should be revised and properly included and deleted. Inaddition to the valuable Chinese characters, and improve the compilation style, so that it is more detailed, more convenient for readers to use. At the same time, inorder to overcome the limitations of paper dictionary, expand its capacity, update entries in time, and make it easy for readers to carry, it is necessary to launch the Internet dictionary of the Chinese-Korean Dictionary.

EU기능조약상의 환경보호체계에 관한 고찰 -환경 관련 통상조항을 중심으로

박덕영 ( Deok Young Park ) 국제거래법학회 2011 국제거래법연구 Vol.20 No.1

The Treaty of Lisbon, which entered into force December 1 of 2009, is the impetus for change in the EU system. Thanks to the treaty, the EU now has legal personality and can officially take part in the global affairs using its own name. Also the treaty amended most of the TEU and renamed the Treaty establishing the European Community to the Treaty on the Functioning of the European Union. Since the 1990s, global concern over the environment is growing and countries all over the world are doing their best to implement the mandatory reduction of greenhouse gases of the Kyoto Protocol. Bearing this trend in mind, the EU has diligently focused on preserving the environment by imposing various conservation measures and now is regarded by the international community as a model case in environmental protection and greenhouse gas reduction. But the probability of these EU measures acting as potential trade barriers against countries wanting to export to the EU is very high. As a result, the study over trade related environmental regulations of the EU is thriving in Korea. But even though an understanding of these regulations must be grounded on a basic knowledge of the provisions on environment and trade in the Treaty on the functioning of the EU, it is difficult to find such research. In other words, much of the scholarship is concentrated on specialized research supported by the industry and related organizations, while analysis on the provisions which are the prerequisites for such research is rare. This paper first reviews article 3 of the TEU, which declares the environment protection principle and is the fundamental clause on environment preservation inside the EU; articles 191-193, which constitutes part 20 of the TFEU and specifies the above principles; article 114, which stipulates the harmonization of domestic laws of EU member states; and other clauses directly regulating issues on the environment and their interrelation. Then it will touch upon articles 34 and 35, the key provisions on import and export quotas, and analyze, inter alia, how to interpret the exceptional clause of article 36 and what the current environmental trend of its interpretation is. Finally, this paper examines ``rule of reason`` which has been developing through the ECJ rulings for the protection of environment. Expectations of an increase in trade with the EU are high after concluding the negotiation of the Korea-EU FTA in July 2009, but these hopes might be dashed because of the EU`s trade measures targeted on protecting the environment. These trade measures are based on various regulations or directives which are grounded on environment related provisions of the EU treaties. Without an accurate understanding of these undertakings, the strategies Korean export firms can use when entering into the EU market are bound to be limited. Furthermore, considering the possibility of Korean small businesses abandoning export plans due to a lack of understanding on these barriers, the Korean government should provide a comprehensive program to lend aid to these small businesses. Also, Korea should actively adopt promising EU environmental measures to prepare beforehand for the ``Age of Global Warming``.

심당 송상현 교수 정년기념 : 특집 ; FTA와 우리의 대응 : 쌀시장 개방유예 재협상 결과의 주요내용 고찰

박덕영 ( Deok Young Park ) 국제거래법학회 2006 국제거래법연구 Vol.15 No.2

According to the WTO Agreement on Agriculture, all the WTO Members are to establish a fair and market-oriented agricultural trading system, and amongst others, the most important agreement was to accomplish tariffication without exceptions of the agricultural product. Some members, including Korea, however, allowed to maintain rice import restriction measures as an exception to the tariffication without exceptions. The exceptional import restriction was to stay for 10 years from the establishment of the WTO. As the expiry date approaches, Korean government decided to negotiate for the further prolongation of the rice import restrictions. As a result of the negotiation in the year 2004, Korea is once again allowed to prohibit rice importation for another 10 years. Instead, the Minimum Market Access volume would be increased from 4.4% of domestic consumption in 2005 to 7.96% in 2014. Currently the WTO DDA negotiation for further trade liberalization is going on, and Korean rice market cannot be closed forever contrary to the general trend of globalization of the world. This another 10 years, realistically, should be the last chance for restructuring Korean farming society. Korean farming society and government should think seriously when to open Korean rice market for the national interest.

미국-호주 FTA 체결이후 호주의 저작권분야 국내이행에 관한 연구

박덕영 ( Deok Young Park ) 국제거래법학회 2007 국제거래법연구 Vol.16 No.1

A Study on the Intellectual Property Issues in Korea‐China FTA Negotiation

deok young Park(박덕영),엄부영 법무부 국제법무정책과 2011 통상법률 Vol.- No.99

As the Industry-Academy-Government Joint Study on the Korea-China FTA finished in May 28 2010 and the 1st intergovernmental consultation for the FTA was held in September 28~29 of the same year, the FTA negotiation between the two countries seem to start soon. China is one of the fastest catch-up economies in the world, whose technological competitiveness has been increasing dramatically, in terms of intellectual property (IP): In 2008, it ranks the 1st in the number of utility models, industrial designs and trademarks filed. Korea is also competitive in this aspect, although the absolute number and the rate in increase of the rights filed are smaller than those of China: it ranks the 4th with 170,632 patents, the 3rd with 137,461 trademarks and the 2nd with 17,405 utility models and 56,750 industrial designs. Korean firms have been clamoring about IPR infringements and poor enforcement systems of China. In these situations, IPRs are expected to be one of the key issues during the Korea-China FTA talks, even though China has been recently cracking down on piracy and infringement. It may be impossible to put the IPR chapter of the Korea-China FTA at the same level as the Korea-U.S. FTA or the Korea-EU FTA. However, in any case, it is not desirable for the chapter to remain at the level of the TRIPs or the FTAs previously concluded by China that focus on capacity-building or cooperation rather than on IPR enforcement. In this respect, this paper aims to explore key issues to be raised on IPRs at the negotiation table and suggests policy directions towards a mutually profitable agreement between Korea and China. The Korea-China FTA should proceed in the following three directions. First, the provisions that are included in Korean laws but not in Chinese laws or those in which there exist differences between the two should be included or modified in the FTA text - patent term extension, part of designs, unregistered design, patent pending, utility model through preliminary examination, 10 year-duration of design and the definition of well-known trademarks. Second, practical implementations of IPR laws and relief measurements should be guaranteed through the negotiation. For example, each country needs to share the seriousness of problems originating from poor enforcement systems of China, especially, the low fines and the high thresholds of penalty, and to try to seek for solutions to correct them. Third, before the start of the negotiation, a positive but cautious approach needs to be made to new IPRs which have been dealt with in the FTAs previously concluded by China but are uncomfortable for Korea, e.g. genetic, traditional knowledge and folklore.

판례연구 : WTO 일본의 사과수입제한조치 사건 고찰

박덕영 ( Deok Young Park ) 연세대학교 법학연구원 2009 법학연구 Vol.19 No.1

The concern of the human life and health matters has increased dramatically over the past few years, so that the content of the SPS Agreement has become one of the major issues in the international society. The SPS Agreement contains the right to take measures for sanitary and phytosanitary matters if the measure satisfies certain requirements of the Agreement. The Agreement is a well-known one in Korean society because of Korea and United States negotiations of beef importation issue. At the same time, the precautionary principle is still a matter of debate aa far as food security is concerned. After EC-Hormones case, Japan-Apples case is a key case on the SPS Agreement of the WTO. The Panel and Appellate Body concluded that Japan`s measures at issue were inconsistent with Articles 2.2, 5.7 and 5.1 of the SPS Agreement. The Panel found that the measures in question was maintained `without sufficient scientific evidence`, contrary to the Art. 2.2 of the SPS Agreement. In addition, that measure was not imposed in respect of a situation where relevant scientific evidence is insufficient, so that the measure was not justified under the Art.5.7 of the SPS Agreement. With regard to Art.5.1, the Panel held that the Japan`s 1999 PRA did not satisfy the definition of `risk assessment` under paragraph 4, Annex A of the SPS Agreement. The Appellate Body upheld the Panel`s findings. However, the possibility to apply precautionary principle still remains in this kind of cases. Judging from Korea`s circumstance, this case might be very useful and meaningful to examine and study the relationship between trade and protection of human life and health or environment, because Koreans are so sensitive to sanitation and safety of agricultural products.