• Title/Summary/Keyword: 결정적사건

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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

A Study on Effect of B/L's Exemption Clauses Relating to the Governing Law of English Law (영국법의 준거법과 관련한 선하증권 면책약관의 효력에 관한 연구)

  • Han, Nak-Hyun;Jung, Jun-Sik
    • Journal of Korea Port Economic Association
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    • v.22 no.4
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    • pp.1-17
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    • 2006
  • In the Bill of Lading of The Irbenskiy Proliv is not subject to the Hague-Visby Rules in accordance with paragraphs (A) and/or (E) of cl.1 or to the Hague Rules in accordance with paragraphs (B) and/or (D) of cl.1. The Irbenskiy Proliv is very rare case that is effective to exempt the carrier as literal words of Bill of Lading. The action concerns cargoes of perishable goods shipped from Brazil to Japan, under Bills of Lading each of which contained an extensive carrier's exemption clause. A preliminary issue was ordered to be determined on the question whether c1.4 is effective to exempt the ralliers from any potential liability for the claims in this case. The court held that there is no reason to reject c1.4 as part of each of the contracts contained in or evidenced by the bills of lading; and it protects the carrier where damage to the goods shipped results from such causes. It is therefore effective to exempt the carriers from any potential liability for those claims.

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The Respectful Characteristics of a Scientist and the Effects of Dr. Hwang, Woo Seok Event on Science Gifted Students (과학 영재 학생들이 존경하는 과학자의 조건과 황우석 박사 사건에 대한 과학 영재들의 인식)

  • Yoo, Mi-Hyun;Hong, Hun-Gi;Chun, Mi-Ran
    • Journal of Gifted/Talented Education
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    • v.17 no.1
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    • pp.99-122
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    • 2007
  • The purpose of this study is to examine the characteristics of a respectful scientist from the perspective of the science gifted students and their recognition on the event of Dr. Hwang, Woo Seok and its effects on their future goal decision. The participants of this study are 19(11 males, 8 females) second grade of junior high school students, chemistry department of S Science-gifted Education Center, and 44(32 males, 12 females) first and second grade of J Science high school students. The questionnaire was developed and both quantitatively and qualitatively analyzed. The result showed the characteristics of a scientist the students respect were varied by school level and the sex. For the event of Dr. Hwang, Woo Seok, 47.6% students recognized that he must be banished from the science field and 36.5% students showed sympathy for Dr. Hwang, Woo Seok. It was said that most science gifted students realized the importance of honesty through this event. Most science gifted students were recognized the necessity of moral education in science gifted education.

Development of Bayes' rule education tool with Excel Macro (엑셀 매크로기능을 이용한 베이즈 정리 교육도구 개발)

  • Choi, Hyun-Seok;Ha, Jeong-Cheol
    • Journal of the Korean Data and Information Science Society
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    • v.23 no.5
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    • pp.905-912
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    • 2012
  • We are dealing with the Bayes' rule education tool with Excel Macro and its usage example. When an event occurs, we are interested in whether it does under certain conditions or not. In this case, we use the Bayes' rule to calculate the probability. Bayes' rule is very useful in making decision based on newly obtained statistical information. We introduce an efficient self-teaching educational tool developed to help the learners understand the Bayes' rule through intermediate steps and descriptions. The concept and examples of intermediate steps such as conditional probability, multiplication rule, law of total probability, prior probability and posterior probability could be acquired through step-by-step learning. All the processes leading to result are given with diagrams and detailed descriptions. By just clicking the execution button, users could get the results in one screen.

A Fuzzy-based Risk Assessment using Uncertainty Model (불확실성 모델을 사용한 퍼지 위험도분석)

  • Choi Hyun-Ho;Seo Jong-Won;Jung Pyung-Ki
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.473-476
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    • 2003
  • This paper presents a systematic risk assessment procedure with uncertainty modeling for general construction projects. Since the approach is able to effectively deal with all the related construction risks in terms of the assumed probability with conditional probability concept that systematically incorporate expert's experiences and subjective judgement, the proposed methods with uncertainty modeling is able to apply to all the construction projects inherent in lots of uncertain risk events. The fuzzy set theory is adopted to enhance risk assessment to effectively handle the vague and dynamic phenomenon of an event Therefore, the fuzzy-based risk assessment is very useful, for those countries, such as Korea, where objective probabilistic data for risk assessment is extremely rare, and thus the utilization of subjective judgmental data based on expert's experiences is inevitable.

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The Characteristics and Suggestions of the Unilateral Retaliation in the WTO Dispute Settlement Mechanism (WTO분쟁해결제도에서 일방적 보복조치의 특성과 시사점)

  • Hong, Sungkyu
    • International Commerce and Information Review
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    • v.19 no.1
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    • pp.155-187
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    • 2017
  • In the US, the Sections 301 of the Trade Act of 1974 are still being used to resolve disputes. The U.S' such unilateral retaliations grounded on the Sections 301 of the Trade Act, in fact, violate the WTO agreements and hinder the development of international trade as the trade partner may assume it as a reprisal move impeding the fair settlement of disputes. Here, this study is going to examine the characteristics and functions of the WTO dispute settlement system briefly and compare the countermeasures recognized to be legitimate by the WTO with the U.S' unilateral retaliation. Also, this author will analyse the US-Japan Automobiles (DS6) and EC-Bananas III (DS27) as one of the typical cases resulted from the unilateral retaliation. According to the result, these cases do not conform to WTO-consistency, and it implies that it is absurd to accept the US' unilateral retaliation internationally. In conclusion, presently, it is a global trend to solidify protectionism, and to vitalize trade and resolve trade disputes efficiently, it is needed to prohibit the recourse to unilateral retaliations and also positively apply the WTO dispute settlement system(DSU) defining rules about how to strengthen the multilateral system.

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A Study on the Government Chief Decision Maker's Policy Belief (III): Focusing on 16th President Noh Moo-hyun's Real Estate Policy (국정최고의사결정자의 정책신념에 관한 연구(III): 제16대 노무현대통령의 부동산정책을 중심으로)

  • Jung, Seok-Hwan
    • The Journal of the Korea Contents Association
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    • v.13 no.6
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    • pp.202-211
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    • 2013
  • The research is based on the theory of cognitive psychology that a decision maker creates an internal belief through environment information process and that personal behavior is determined as a means of belief practice. This study implemented a language network analysis to understand the 16th President Noh Moo-hyun"s real estate policy belief who was a key decision maker of Korea. The results of this study are as follows. First, the chief variables of real estate policy recognized by president Rho Mu Hyun included civil economy and real estate speculation and so on. Second, the chief variables of real estate policy recognized by president Rho Mu Hyun did indicate weak correlation with other diverse economic variables. Third, the analysis shows that in practicing the real estate policy, excessive civil economy related with the real estate policy and the obsession with civil life variables worked as reason to pursue social contest rather than social agreement. It is thought that this study result will contribute to policy theory in explaining the policy decision-making process from the perspective of cognitive psychology.

Socio-Economic Impacts of an Unscheduled Event: A Case in Korea (재해발생으로 인한 사회-경제적 영향분석: 우리나라 사례를 중심으로)

  • Lee, Seong-Kwan;Kang, Seung-Lim;Kim, Tschang-Ho John
    • International Journal of Highway Engineering
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    • v.11 no.1
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    • pp.117-126
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    • 2009
  • Total number of recorded earthquakes in Korea is more than 2,000 of which 48 were catastrophic. The impacts from infrastructure damage due to an earthquake to production facilities and lifelines may spread across boundaries of several regions via import-export relationships and can bring serious economic impact to other regions. The economic impacts from unscheduled events stem not only from the damage and direct losses, but also from the indirect losses during the recovery and reconstruction periods. To recover and reconstruct the facilities and lifelines damaged by unexpected events through investment or government financial aid, both the direct and the indirect economic impacts from an event need to be measured in regional and interregional contexts. Direct economic impact is the direct change of production and demand due to the disruption of production facilities and lifelines from an unexpected event, and indirect economic impact is the change in other sectors due to inter-industry relationships. The purpose of the paper is to analyze various economic impacts of an earthquake, especially impacts on transportation networks in Korea. We collected spatial and economic data from Korea, and analyzed and estimated final demand loss and commodity flows from the unscheduled event.

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Some Problems of Impeachment-Related regulations in Current Law and Direction of Improvement Legislation (현행법상의 탄핵관련 규정의 몇 가지 문제점과 개선 입법방향)

  • Pyo, Myoung-Hwan
    • Journal of Legislation Research
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    • no.54
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    • pp.7-37
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    • 2018
  • This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

An Analysis of Educational Factors on Career Choice of Science-gifted Students to Science and Technology Bound Universities (과학영재의 이공계 대학 진로선택에 영향을 미치는 교육적 요인 분석)

  • Lee, Ji-Ae;Park, Soo-Kyong;Kim, Young-Min
    • Journal of The Korean Association For Science Education
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    • v.32 no.1
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    • pp.15-29
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    • 2012
  • The purpose of this study was to investigate the educational factors on career choice of science-gifted students to science and technology bound universities and the difference of perception in regards to group factors. In addition, this study aimed to examine the effects of science-gifted education and critical events in relation to career choice to science and technology bound universities. For the study, 104 university freshmen, 75 males and 29 females, were sampled from UNIST (Ulsan National Institute of Science and Technology), that many science high school graduates entered this year. The survey was conducted with questionnaires to do with the perceptions concerning career choice and educational factors that cause them to choose such career directions. The educational factors on career choice to science and technology bound universities were classified as 3 main categories such as educational environment factor (teaching-learning factor), human factor, attitude towards science factor and the subcategories within each category. The research findings are as follows: First, the factors were closely connected with each other and 'the project centered classes' were highly interrelated with other educational environment factors such as 'the experiment activity and environment for the activity' and 'influence of teachers (professors).' Second, the female students and graduates of the science high school were more positively influenced by the educational environment and human factors on their decision for career than male students and graduates of the general high school. Third, this research found that historical scientific knowledge, perception of scientists' social status and job applications in the science field gave less influence rather than other factors on their decision for career. As a result of examining critical events for science-gifted education in relation to career choice to science and technology bound universities, numerous students mentioned that the extracurricular science activities such as science camps and field trips gave significant effects on students' career choices to science and engineering fields.