• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.81-109
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• 2021

This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.89-115
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• 2021

Korea's health care delivery system is based on the Medical law and the National Health Insurance Act. In order to efficiently operate limited medical resources, it is classified to use medical institutions according to the severity of the disease. The question is whether a tertiary care hospital can terminate a medical contract for a patient, if treatment for severe diseases has already been performed at a tertiary care hospital. In the case of termination of treatment, the Korean court has both a judgment that recognizes the right to terminate and a judgment that denies the termination. Among the U.S. rulings, there are rulings that order transfer to a skilled nursing facility or nursing home or home if acute treatment is no longer needed. Considering that medical resources are limited, it is necessary to acknowledge the right to terminate the contract of the medical institution when treatment by a medical institution is completed.

• Korea Real Estate Review
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• v.28 no.1
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• pp.115-130
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• 2018

This study investigated the factors influencing the termination of the JooTeakYeonKeum contract according to its rate increase, and aimed to identify the differences in the factors affecting the cancellation of the contract according to the collateralized house price range. The results showed that the higher the cumulative increase rate of the mortgage housing price at the time of subscription is, the higher the monthly payment, the larger the gap between the monthly payment and the minimal living expenses for aging, the lower the net population moving rate in the previous month, and the lower the cumulative mortgage. Moreover, the JooTeakYeonKeum contract is terminated. The factors affecting the termination of the contract are different in each interval of the price range of the mortgage housing. To confirm this, a mortgage price range model was constructed and analyzed. The results showed that 60% of the elderly participants in the JooTeakYeonKeum program subscribed thereto with a below-average subsidized housing price. It was confirmed that the factors affecting the termination of the contract differ by price range. Lowering the risk of increasing the JooTeakYeonKeum termination rate will be a significant way of boosting the welfare of elderly people aged 65 and older, and of easing the impact of population aging.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.38 no.3
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• pp.497-503
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• 2018

Most of the conditions of contract applied in international construction contracts, including various conditions of contract published by FIDIC, include the provision for Retention Money which inevitably result in negative impact on cash-flow or financial burden to the contractors. In this study, fundamental reasons behind the application of Retention Money provisions are analysed and contractual mechanisms included in the FIDIC conditions of contract are searched, which include provisions for Performance Security and Defects as well as Termination, so that proper judgement can be derived on the application of Retention Money. In conclusion, considering the various contract provisions, performance security, termination of the contract by the Employer etc. included in the FIDIC conditions of contract, it is not necessary to include the provision for Retention Money.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.139-161
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• 2017

In this paper, The Supreme Court of Korea 2016. 1. 28. 2015Da9769 was reviewed. In the previous case, Korean Supreme Court 2009Da17417 for the element to requirement for permission of the withdrawal of life-sustaining treatments, the patient's consent for withdrawal of life-sustaining treatments was assumed a declaration of intention to terminate the contract. But the consent for withdrawal of life-sustaining treatments corresponds not to those. The consent for medical treatments is not the juristic acts but the real acts. If the presumptive intention about these withdrawal regards as the termination of medical contract, the contract must be up to the starting the civil proceedings. According to this case, although the partial cancellation of medical contract is admitted, on the other hand medical expenses obligation ist exempted only after the final decision. At the withdrawal of life-sustaining treatments the medical obligation ist exempted because of the inability to providing the medical payment, which confirmed by the final decision about the withdrawal of life-sustaining treatments. Therefore the judgement of this case ist appropriate in that sense, the medical obligation ist waived only after the final decision. However that legal basis lies not at the partial cancel but at the partial inability.

• 방재와보험
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• s.96
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• pp.54-57
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• 2003

• Journal of the Korean Data and Information Science Society
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• v.24 no.4
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• pp.723-736
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• 2013

The importance of lapse rate is highly increasing due to the introduction of Cash Flow Pricing system, non-refund-of-reserve insurance policy, and IFRS (International Financial Reporting System) to the Korean insurance market. Researches on lapse rate have mainly focused on simple data analysis and regression analysis, etc. However, lapse rate can be analyzed by survival analysis and can be well explained in terms of several covariates with Cox proportional hazard model. Guaranteed minimum benefits embedded in variable annuities require more elegant statistical analysis of lapse rate. Hence, this paper analyzes data of policyholders with variable annuities by using Cox proportional hazard model. The key variables of policy holder that influences the lapse rate are payment method, premium, lapse insured to term insured, reserve-GMXB ratio, and age.

• Vending industry
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• v.10 no.2 s.31
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• pp.73-77
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• 2011

자동판매기 매매 관련 분쟁은 한국소비자단체협의회 자율분쟁조정위원회에서 조정을 한다 이 위원회는 사법적 판단과 중재결정이 갖는 단점을 보완하기 위한 사전적 분쟁 해결 장치로서, 분쟁의 당사자가 다른 당사자에 대해 승리를 얻은 게 아니라 서로가 수용할 수 있는 해결책을 발견하여 당사자 모두에게 이익(win-win)이 되는 방향으로 분쟁 해결을 도모하고 있다. 한마디로 합리적으로 분쟁을조정하고 있는 것이다. 과거 방문판매의 비중이 높았을 당시 자판기 관련 분쟁도 많이 발생했다. 특히 소비자들 기망하는 사기 판매도 많아 피해를 당한 억울한 사람들이 조정을 요청하기도 했다. 방문판매의 비중이 줄어들자고 고정 건수도 급감했다. 자판기가 실수요 위주로 재편이 되다보니 꼭 필요한 사람이 자판기를 구매하는 행태가 일반화된 것이다. 이렇게 절대 건수를 줄었지만 분쟁은 여전히 발생하고 있다. 자판기 구매자가 운영을 하다가 계약해지를 하고 싶은 쪽으로 마음이 바뀌는 경우가 가장 많다. 자판기 방문판매는 사업권유거래에 해당되어 소비자가 계약해지를 원하면 판매자는 수용을 해야 한다. 공정거래위원회와 한국자동판매기공업협회가 제정한 <자판기 매매 표준약관>을 기준으로 손율을 적용하고 있는데 계약해지 하는 입장에서 이 손율도 무척 아까울 수밖에 없다. 가능하면 손율을 많이 받으려는 판매자 입장과 적게 적용받으려는 소비자 입장의 중간에서 합리적인 조정활동이 이루어진다. 이 자율분쟁조정위원회에는 한국자동판매기공업협회 임원도 조정의원으로 참여하고 있다. 사업자와 소비자 상호 신뢰를 바탕으로 건전한 소비문화를 만들어 나가기 위해서는 다양한 분쟁 발생 사례에 대한 모범 조정 해결 사례를 명확히 이해하는 게 중요하다. 지금부터는 과연 어떠한 분쟁유형이 발생하고, 조정은 어떻게 이루어지고 있는지 사례들을 예시한다. 한국소비자단체협의회가 발간한 <2010년 자율분쟁조정위원회 조정사례집>에서 발췌를 했다. 이 사례들은 자판기 관련 분쟁에 있어 해결기준을 제시하는데 도움이 되리라 판단된다.

• Journal of Distribution Research
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• v.15 no.5
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• pp.217-235
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• 2010

In franchise industry, territorial restraint is a system that imposes exclusive right to franchisers in a certain business area. To the franchisers, this system guarantees monopoly profits in a local market and exclusive rights during the contract periods. In such a way, franchisee generates a big revenue at once on the basis of franchiser's initial investment such as interior cost and franchise fee, it must have supervised franchiser's moral hazard for the territorial restraint agreement. Rather than territorial restraint can be a system to give exclusive right to franchiser's so that they neglect their own sales and too much rely on headquarter's brand and marketing activities without their own efforts. This paper assesses the implication of territorial restraint by examining the effect on brand extension, degree of contract termination. Drawing on research in transaction cost agreement and opportunism, the authors suggest that franchisee is highly likely to launch similar brand which is not effected on previous contract when territorial restraint is set out in the contract system. Moreover, the authors find that the degree of contract termination will be high in the existence of territorial restraint due to the franchisee's opportunism. The results imply that territorial restraint induces franchisee's opportunistic strategy more aggressively so that the possibility of brand extension or new brand launching will be increased. At the same time, franchisee is aggressively seeking for the reason for contract termination due to the pursuit of its profit maximization. Based on some empirical findings, this paper concludes with policy implications and some necessary fields of future studies desirable.

• 두엄누리회보
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• s.18
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• pp.1-4
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• 2004

`05년 농협납품지정업체 추천업무 마감 - `05년 보조사업 진행 및 원가계산 산출 안내 - 행정처분 등으로 계약 해지된 장소에 재 지정관계