• The Safety technology
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• no.39
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• pp.48-49
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• 2001

지난 2개월동안 교차로에서 사고시 과실상계에 대해 안내하였고, 이번 호에서는 T자 및 직선도로, 비보호에서 접촉사고시 과실상계에 대해 상세히 소개하고자 한다.

• Journal of Korean Society of Transportation
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• v.21 no.5
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• pp.41-48
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• 2003

Korea Claim Adjustor Association(KCAA) defines the near pedestrian crossing accidents as those accidents that occurred in the area within 25m from pedestrian crossing on the arterial road and within 15m from pedestrian crossing on other classes of road. Accidents between pedestrian crossing and stop line are classified as the accident near pedestrian crossing. Reviewing of current statute and court precedent, three kinds of traffic accidents which are accidents occurred in the pedestrian crossing. near pedestrian crossing and the area between pedestrian crossing and stop line. should be distinguished by different pedestrian contributory negligence. To find out how different they are. we surveyed transportation society members about the contributory negligence of traffic accidents between pedestrian crossing and stop line and the results are as follows : (1) The current two classification of pedestrian crossing accidents and near pedestrian crossing accidents should be changed to three classification of pedestrian crossing accidents that includes accidents on pedestrian crossing, near pedestrian crossing and between pedestrian crossing and the stop line. (2) For the pedestrian's contributory negligence, the least reasonability to pedestrian is accident on the pedestrian crossing. The next one is the accident between pedestrian crossing and stop line and the last is the accident near pedestrian crossing. (3) Pedestrian contributory negligence for accident by space is recommended as 〈table 8〉, 〈table 9〉, 〈table 10〉. (4) Contributory negligence rate of the accident on the pedestrian crossing during red light should be modified to be less than that of near pedestrian crossing.

• The Safety technology
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• no.36
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• pp.22-23
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• 2000

• The Safety technology
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• no.45
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• pp.66-67
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• 2001

• The Safety technology
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• no.42
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• pp.56-57
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• 2001

• The Safety technology
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• no.41
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• pp.48-49
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• 2001

• Product Safety
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• s.112
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• pp.48-49
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• 2003

• The Journal of the Korea Contents Association
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• v.21 no.8
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• pp.305-314
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• 2021

According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.171-209
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• 2022

There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows. The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified. Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation. The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'. In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result. Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.67-100
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• 2017

Throughout the history of the aviation industry, from its origins in the $20^{th}$century to the present, accidents have always occurred. This paper deals with the legal liability of air traffic controllers, who represent one of the human factors causing these accidents. Though controller negligence turns out to be a main cause of the accident, Korea does not have additional judical case, since it was firstly declared that controller negligence was accountable for the air traffic accident in 1971. As such, we examine the liability of air traffic controllers as public officers. This paper looks not only at the role of air traffic controllers and pilots in accidents, but also at the applicability of controller liability in the context of Korean law. We determine that despite the high-stress environment, air traffic controllers must share in the responsibility to provide safe air navigation. Therefore, they cannot avoid legal liability.