한국산 독사의 생태학적 특징 및 독성, 교상빈도에 관한 조사, 연구

심재한,손영종,이상섭,박경석,오희복,박영도,Shim, Jae-Han,Son, Young-Jong,Lee, Sang-Seob,Park, Kyung-Seok,Oh, Hee-Bok,Park, Young-Do 한국환경생태학회 1998 한국환경생태학회지 Vol.12 No.1

Four species(25%) of Viperidae(Agkistrodon brevicaudus, Agkistrodon ussuriensis, Agkistrodon saxatilis) and Cloubridae(Rhabdophis tigrenus tigrenus) were Korean poisonous snake. Copulation season of these species was from July to August. Reproduction mode of genus Agkistrodon species was ovoviviparous but Rhabdophis tigrinus tigrinus was the other pattern of oviparous. Optimal movement temperature range was from 20$\circ $C to 29$\circ $C(March~September). Wjen atmosphere temperature was below 10$\circ $C, at that time they hibernate at the ground, rock bottom, stone wall and embankment around the end of a field. The venom of these snakes consist mainly Hematoxin, Cytolysin, Neurotoxin and Cardiotoxin of poisonous liquids. These material injection to animal cause systemic syndrome such as Dizziness(25.7%), Vomitting(23.1%), Fever(22%), Visual trouble(18%), Headace(17.7%), Dyspnoea(17.6%) and bring about other local syndrome such as Discoloration(54.2%), Bleeding(20.2%), Bullae(10.7%) and Skin ulcer(!0.8%). The annual distribution was appeared to decrease 1972 after 1992 and average snakebiting patients was 25.6 per year, but practically total estimated snakebiting was 2,700 per year. The seasonal distribution was most frequent in August(25%), and mortality was 1.8%(26 per 1,430). The sex ratio was 2:1 and according to age distribution, it was most prevalent at one's fifties(19%). The most frequent place where the accident happened was the field(48.2%) and most predilection site of the body for victim were hand(47.8%) and foot(39.5%), Commonly bite snake were Agkistrodon ussuriensis(27.1%), Agkistrodon brevicaudus(22.6%) and Agkistrodon saxatilis(9.6%) but 40.7% of species could not be identified. Treatment of antivenin patient was 75.9% (1,068/1,407).

특약상의 補償請求權

심재한 한국경영법률학회 2001 經營法律 Vol.12 No.-

2024년 경제법 주요 판례 회고

심재한 안암법학회 2025 안암 법학 Vol.- No.70

In recent years, while the number of traditional fair trade laws has decreased, important cases in the field of distribution law have appeared. The basis of distribution law is unfair trade practices in the fair trade law, especially abuse of trading position. Therefore, the basic principles of legal interpretation are similar, but there are differences in each law that reflect the characteristics of each business type. However, if we look at the specific legal provisions, the standards for imposing fines are different, and the provisions on the subjects of application of the law are also different. If these differences accurately reflect the reality of each business type, there would be no better regulations, but the reality does not seem to be so. In addition, the economic situation is changing not only from the time of the enactment of the fair trade law but also from the time of the enactment of the distribution law. The standard of economic superiority seems to have changed a lot from the past as the Korean economy has expanded significantly. The application of the law must show suitability, and for this purpose, it is necessary to consider not only a reasonable legal inter- pretation but also a legal amendment that conforms to the reality if necessary.

저작물에 대한 再販賣價格維持制度

심재한 한국상사법학회 2003 상사법연구 Vol.22 No.2

유통업에서의 거래상 우월적 지위

심재한 한국유통법학회 2024 유통법연구 Vol.11 No.2

With the advent of the digital economy, the distribution industry has the advantage of increasing efficiency, such as significantly reducing transaction costs, and greatly reducing information asymmetry between manufacturers and customers. In addition, it is expected that in the near future, more businesses will enter the online business or combine new technologies with existing distribution businesses, accelerating the digitalization of the distribution industry. The rapid growth of the online distribution sector is also stimulating the offline distribution sector, which is also seeking change. However, recently, there have been questions about whether the Act on Fair Transactions in Large Retail Business applies to cases where a distributor abuses economic power over a counterparty, a supplier (or vendor). If it is not a case where a distributor abuses economic power over a counterparty, a supplier (or vendor), the application of the Act on Fair Transactions in Large Retail Business is out of the question, and only the principles of contract law are applied. Therefore, this issue becomes a fundamental prerequisite in relation to the application of the Act on Fair Transactions in Large Retail Business. When suppliers performing manufacturing supply products of famous brands well-known to consumers to distributors, it means that a business with content preferred by consumers chooses a means of delivering that content to consumers, and at this time, the holder of famous content can gain an advantage over the distribution channel. In this situation, it seems that it is time to discuss revisions to the law itself to modernize the law as well as the interpretation of transactional superiority in the distribution industry.

디지털 경제에서의 기업결합 쟁점

심재한 한국경영법률학회 2024 경영법률 Vol.34 No.3

As the problem such as mergers of Big Tech companies have been pointed out, legislation was enacted to expand the filing standards for mergers to compensate for this. In Germany, Austria, and Korea, provisions were added to the Competition Act requiring filing of a merger when the transaction amount exceeds a certain level. The EU regulates the merger of Big Tech companies by expanding and applying existing regulations instead of legislative changes. Accordingly, the EU Commission recommended that member states be asked to investigate the Illumina/Grail case, and the case was investigated at the request of several member states, including France, who responded to the recommendation. In addition, due to the Towercast case, the possibility of using Article 102 of the TFEU, which was thought to no longer apply to merger cases after 30 years of enforcement of EU merger regulation rules, was discussed. This means that, in particular, it is possible for EU member state competition authorities to exercise ex post control over killer acquisitions if the conditions for application of Article 102 TFEU are met. A key issue in the debate over killer acquisition was the impact of corporate merger behavior on concentration in the pharmaceutical sector. However, the killer acquisition strategy of large online platform companies appears to be an unrealistic strategy. The expansion of merger regulation methods can have a positive impact on the innovation market. The expansion or change of the merger regulation method should be carefully decided by reflecting the characteristics of the industry and comprehensively considering the possibility of market change in reality.

매실추출물의 항산화력 탐색

심재한,박명우,김미라,임계택,박승택 한국농화학회 2002 Applied Biological Chemistry (Appl Biol Chem) Vol.45 No.2

매실(Prunus mune Sieb. et Zucc.)의 품종간, 그리고 수확기에 따라 매실추출물의 항산화력을 알아보기 위하여 본 실험을 수행하였다. 먼저 항산화력은 1,1-diphenyl-2-picryl hydrazyl(DPPH), thiocyanate, glutathione-S-transferase와 같은 화학적 방법과 생물학적 방법으로 mouse의 spinal cord culture system에 superoxide anion을 발생시켜 측정했다. 일반적으로 매실 에탄올 추출물은 항산화력을 갖고 있었으며 DPPH, thiocyanate방법에 있어서 butylated hydroxy toluene(BTH)과 비교하였을 때 옥영이 다른 품종보다 97.5%로 제일 높았으나 품종간에 유의성은 없었다. Glutathione-S-transferase 방법으로 butylated hydroxy toluene(BHT)와 매실추출물의 항산화력을 비교해본 결과 70% 이상의 강한 항산화력을 보여주었다. 생쥐의 척수신경세포 배양시 세포생존융은 옥영, 남고, 고전매추출물을 40mg처리했을 때 각각 89,79 그리고 62%였고, 6mM의 glutathion을 처리했을때는 90%였다. Antioxidative activities of ethanol extracts of fruits from three cultivars of Prunus mune with different harvest times were determined. Extracts of P.mune cutivar Okyoung showed the strongest activity at 97.5%(compared to BHT) using DPPH or thiocyanate method, although no statistically significant differences were observed among the cultivals. Antioxidative activities of the extracts measured with glutathione-s-transferase method was over 70% of that of BHT. Survival rates of cells in mouse spinal cord cultulre challenged by superoxide anion were 89,79,and 62% at 40 ㎎/㎖of Okyoung,Namgo,and Kochunme extracts, respectively, whereas 90% at 6mM glutathion.

지식재산권의 실시계약에 관한 EU의 개정 경쟁법규 연구

심재한 한국경영법률학회 2015 經營法律 Vol.26 No.1

Intellectual property rights have exclusive and monopoly rights for a certain period. Technology transfer agreements concern the licensing of technology where the licensor permits the licensee to exploit the licensed technology for the production of goods or services. Transfer of the intellectual property rights plays an important role in development on science, technology, economy and consumer's profit. But the developed nations such as US, EU or Japan have concern for abuse of the rights and have the law in force about such abuse. Regarding transfer of the intellectual property rights, the new block exemption regulation 316/2014 is applied to the technology transfer agreements involving patents, know-hows or software copyrights. The new block exemption regulation 316/2014 and the accompanying EU guideline change some topics. First, all restrictions on passive sales between licensees' exclusive territories or customer groups are removed from the scope of the new block exemption regulation; second, exclusive grant-back obligations, i.e. a requirement that the licensee grant the licensor exclusive rights to improvements to the contract technology, no longer benefit from the new block exemption regulation; third, provisions allowing the licensor to terminate a non-exclusive licence agreement if the licensee challenges the validity of the licensed technology are removed from the scope of the new block exemption regulation. Such clauses have effects similar to clauses requiring the licensee not to challenge the validity of the licensed technology. Changes to the Guidelines mainly relate to settlement agreements and technology pools. 지식재산권의 행사는 단순한 지식재산권 법제만의 문제가 아니라 경쟁법의 적용문제와 중첩적으로 적용되는 문제화 되고 있다. 다양한 모습의 산업재산권 및 저작권 등을 포괄한 지식재산권법제와 독점규제법을 중심으로 한 경쟁법제의 저촉문제는 우리나라뿐만 아니라 오래전부터 세계 각국의 양 법제의 운용문제로 떠오르게 되었다. 각국의 입법례를 살펴볼 때 지식재산권의 행사에 적용되는 독점규제법의 기준은 별도의 규정을 제정하여 적용하고 있고, 우리나라의 경우 지식재산권의 부당한 행사에 대한 심사지침이 제정되어 있다. EU에서 지식재산권의 행사에 대한 경쟁법상의 규율은 특허 및 실용신안, 노하우 등과 같은 기술보호법제를 중심으로 발전되었다. 지식재산권자가 가지는 특허권 등의 라이선스 계약에 적용하기 위하여 EU집행위원회는 이전의 “기술이전합의에 대한 일괄면제규칙 772/2004”를 개정한 “기술이전합의에 대한 일괄면제규칙 316/2014"를 제정하였다. 기술이전합의규칙은 특허와 소프트웨어 그리고 노하우(Know-how) 혹은 이러한 지식재산권이 혼합된 라이선스 계약에 대하여 적용된다. 기술이전합의규칙은 “두 사업자 사이의” 실시허락계약에 적용되기 때문에 그 이상의 사업자 사이의 계약에는 적용되지 아니한다. 다만 기술이전합의규칙에 규정된 유형과 같은 합의가 다수당사자 사이의 계약에 포함되어 있는 경우 EU집행위원회는 기술이전합의규칙의 규정원리를 유추하여 적용한다. 그리고 기술이전합의규칙에 의한 면제의 효력은 실시허락된 기술의 보호기간이 경과하거나 소멸되거나 혹은 무효의 결정이 내려지지 않은 경우에 유효하다. 본 연구는 EU의 일괄면제규칙 316/2014에서 개정된 내용을 중심으로 우리나라 “지식재산권의 부당한 행사에 대한 지침” 및 이전 일괄면제규칙 규정과의 차이점 등에 관하여 논의하고, 부수적으로 “기술이전합의에 대한 가이드라인”에서의 개정규정에 대해서도 알아본다.

미국 반트러스트법상 특허권 및 노하우의 끼워팔기

심재한 경북대학교 IT와 법연구소 2010 IT와 법 연구 Vol.0 No.4

A tying arrangement is defined as an agreement by one party to sell a tying item but only on the condition that the purchaser also purchase a tied item from seller. Frequently intellectual property owners are also interested in tying arrangement by license their technologies. Tying agreements in patent and know-how area can be challenged under the standard of the Sherman Act "rule of reason." However tying restrictions have been challenged using a simplified analysis developed by the Supreme Court under §3 of the Clayton Act and §1 of the Sherman Act. This analysis requires proof of four basic elements. First,it must be established that the tied item entails a product or service separate from that of the tying item. Second, it must be proven that an actual tie exists. Third, it must be shown that the party imposing the tie has sufficient economic power in the market for the tying item to appreciably restrain competition in the market for the tied item. Finally,it must be established that a not insubstantial amount of commerce in the tied item has been affected by the tie.

인터넷 플랫폼 분야에서 경쟁법의 적용 방향

심재한 한국공정경쟁연합회 2020 경쟁저널 Vol.- No.202