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

WTO 무역과 환경 규범의 해석 동향에 관한 연구

박덕영 ( Deok Young Park ) 연세대학교 법학연구원 2005 법학연구 Vol.15 No.1

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.

EU 공동통상정책과 한-EU FTA에 관한 고찰

박덕영 ( Deok Young Park ) 연세대학교 법학연구원 2012 법학연구 Vol.22 No.2

The EU, which has its roots in the 1952 European Coal and Steel Community, currently has 27 Member States and extends its policy area over diverse fields, including those of agriculture, fishery and trade. In particular, the EU is expanding the scope of its Common Commercial Policy(CCP), which in turn greatly influenced the Korea-EU FTA negotiations. The EU Commission played a major role in deciding which matters fall into the scope of the CCP, and after the Treaty of Lisbon entered into force in December 1, 2009 (the Korea-EU FTA negotiations were still under way at this point), the CCP included intellectual property rights and investment in its scope. Also, as a result of the Treaty of Lisbon, the EU finally obtained legal personality status, thus the change of the FTA``s name from the FTA between Korea and EC & its Member Statesto the FTA between Korea and EU & its Member Statesduring the negotiations. Thanks to the Korea-EU FTA, trade in goods and services increased, and especially since the EU``s 10% tariff rate of automobiles is to be gradually eliminated, the Korea-EU FTA provides a golden opportunity for Korea``s industry. This process, however, inevitably brought around issues surrounding the rules of origin, and Korea introduced the approved exporterscheme requested by the EU. The Korea-EU FTA expanded trade in goods and services and strengthened protection of intellectual property rights, but environmental barriers raised for reasons of climate change and environmental protection might hinder trade in the near future. For Korea``s industry to benefit from the Korea-EU FTA, businesses should not content themselves on the tariff advantage, but should strive to overcome the ever tightening IPR protection and environmental barriers of the EU. In other words, not only should fundamental research on the EU legal system be conducted, but the animated sharing of information on the EU``s various regulations and endeavors to overcome non-tariff barriers such as environmental barriers through R&D is absolutely needed.

중앙아시아에서의 기후변화대응 법제와 정책

박덕영 ( Deok Young Park ),어디러부파르비즈 ( Odilov Parviz ) 연세대학교 법학연구원 2016 법학연구 Vol.26 No.2

Legal and policy responses to climate change in Central Asian countries are in its early stages, albeit progressing at a fast speed. All countries in the region have adopted soft law instruments on climate change, such as strategies, plans of action for implementing strategies or sectoral action plans for adaptation and mitigation. But Central Asian countries have not introduced substantive laws on climate change, instead they have incorporated their mitigation and adaptation objectives into their policies of national development strategies, and mainstreamed the issue across the sectors and are implementing related targets providing financial support to climate change related activities. Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan have more coherent legal and policy responses to climate change in the region. This article finds that in general countries`` frameworks related to mitigations are more advanced, nevertheless, in recent time adaptation policies are increasingly improving. Also, this article finds that regional entities are progressively involving in the development and implementation of climate change policies, as well as, some marginal involvement are occurring at sub-national level. This article finds that implementation of policies remains challenging due to the budget allocation. Finally, this article concludes that due to the strong impacts of climate change in the region, laws and policies on adaptation measures with ample financial mechanisms should be developed.

파리협정의 주요 내용과 우리의 대응

박덕영(Deok-Young PARK) 국제법평론회 2020 국제법평론 Vol.0 No.57

On December 12, 2015, the COP of the UNFCCC adopted a new treaty called the Paris Agreement to combat climate change issues. As its five years anniversary approaches, the author examines the key contents of the Paris Agreement, such as common targets of the Agreement, nationally determined contributions, mitigation, adaptation, transparency, global stocktaking, etc. And then the author critically analyses Korean NDC and its attitude towards climate change issues including internationally transferred mitigation outcomes and international carbon markets, and further urges alternative way of solutions for implementing Korean NDC, that is doing our best efforts to implement Korean NDC domestically rather than using ITMOs or international carbon markets. Finally the author critically analyses Korean attitudes towards climate change negotiations in the past, and suggests more affirmative attitudes to climate change issues. Korea needs to declare that Korea is not a developing country, and should do more positive roles in climate change negotiations considering its status in international community, rather than thinking more about national interest or economic gains.

1일 2회 자가붓도포형 수분접촉경화성 2.8% H2O2 미백젤의 치아미백효과에 관한 실용실험연구

박덕영 ( Deok Young Park ),마득상 ( Deuk Sang Ma ),조경모 ( Kyung Mo Cho ),정동빈 ( Dong Bin Jeong ),정세환 ( Se Hwan Jung ) 대한예방치과·구강보건학회 2005 대한구강보건학회지 Vol.29 No.4

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.

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.

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.