• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.103-125
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• 2020

This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.163-201
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• 2019

Doctor has the duty of an inter-hospital transfer, known as inter-facility or secondary transfer, when the diagnostic and therapeutic facilities required for a patient are not available at the given hospital. Also, the decision to transfer the patient to an another facility is rely on whether ill patient is the benefits of care, including clinical and non-clinical reasons, available at the another facility against the potential risks. Crucial point to note is that issues about 'inter-hospital transfer' is limited to questions occurred in the course of transfer between emergency medicals (facilities). 'emergency medical (facility)' is specified by Medical Law, article 3 and the duty of an inter-hospital transfer includes any possible adverse events, medical or technical, during the transfer. Because each medical facility has an different ability to care for a patient in an emergency condition, coordination between the referring and receiving hospitals' emergency medicals would be important to ensure prompt transfer to the definitive destination avoiding delay at an emergency. Simultaneously, transfer of documents about the transfer process, medical record and investigation reports are important materials for maintaining continuity of medical care. Although the duty of an inter-hospital transfer is recognized as one of duty of doctor and more often than not it occurs, there is constant legal conflict between a doctor and a patient related to the duty of the inter-hospital transfer. Therefore, we need clear and specific legal standard about the inter-hospital transfer. This paper attempts to review the Supreme Court's cases associated to the inter-hospital transfer and to compare opinion of the cases with guideline for an inter-hospital transfer already given. Furthermore, this article is intended to broaden our horizons of understanding the duty of an inter-hospital transfer and I wish this article helps to resolve the settlement and case dealt with the duty of inter-hospital transfer.

• Journal of the Korean Society of Marine Environment & Safety
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• v.14 no.1
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• pp.29-37
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• 2008

This study examined principles and techniques of efficient water quality management as well as total coastal pollutant loads and the relevant examples in the advanced countries from the viewpoints of water quality improvement and pollution control in coastal areas. The problems and improvements in an estimation of the current total pollutant loads were also pointed out. In addition, discussion was made on the relationship between total pollutant loads and environmental capacity as well as particulars requiring extensive examination on access to and study on water quality model used as prediction tool for marine environment. Furthermore, this study proposed details of and improvement plans for water quality control to be reflected and absorbed into systems and policies related to coastal water quality. In coastal areas, which are subject to total coastal pollutant loads, it is necessary to calculate pollutant loads reduction and allocation, to propose them in detail in statement in relations to new pollution sources for the corresponding projects or plans in environmental impact assessment and prior environmental review system. Also, in relations to regional plans for coastal management, the local government concerned must focus more on environmental management plan to implement data on pollution sources and pollutant loads flown into sea areas under basic jurisdiction, therefore it is required to actively respond to expansion and introduction of total coastal pollutant loads system in the future. Total coastal pollutant loads system must be expanded and executed by considering characteristics of sea area and changes in the environment of land. For pollution sources in land, the competent authorities in charge of coastal environment will need to initiatively administer supervision, monitoring activities and achieve integration and operation of the related laws by preparing legal bases for management system or adjusting the related laws.

• Journal of Animal Environmental Science
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• v.17 no.sup
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• pp.51-60
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• 2011

The objective of this study was to suggest strategies for improving "Livestock Manure Treatment Systems and Related Technologies Assessment Program". Analytic Hierarchy Process (AHP) was used to evaluate reasonableness of applied weight value for assessment and improve program management strategies. Results of mail survey collected from animal manure treatment technology specialists of 30 companies nationwide were used for AHP. Company's ability, technological prowess, facility's convenience, economic feasibility are four important aspects of assessment program evaluation using AHP. More than 70% of the respondents said they were overall satisfied with the objectivity of assessment program regarding above four evaluation aspects. However, only 36% of them answered that they were very satisfied with the objectivity of assessment program in terms of economic feasibility. The evaluation results revealed that the assessment program needs to be made up for the weak points regarding economic feasibility. The AHP weight calculation results showed that the current assessment program overestimates the technological prowess, especially livestock manure treatment efficiency. It suggests that the weight value of current assessment program in terms of technological prowess needs to be determined carefully. The current assessment program combined with AHP weight value determination approach will be very useful to improve objectivity and reliability of assessment.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.237-264
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• 2017

With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

• Journal of the Korean Applied Science and Technology
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• v.35 no.2
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• pp.433-444
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• 2018

This study aims to examine the screening rate of health screening of the disabled by screening the data of disability and health statistics of the National Health Insurance Corporation, to suggest the problems of health examination and the future improvement measures, and also to review the type of health management of the disabled based on the results of health examination interview. As people with limited daily life or social life for a long time because of their physical/psychological disabilities in accordance with the Article2 of , out of 2,479,080 registered people with disabilities on the basis of December 31st 2015, the research subjects were limited to people with disabilities who participated in the health screening and health type for presenting the opinions about policies. In conclusion, regarding the health screening for the disabled, first, it would be necessary to collect the opinions from people with disabilities in order to prepare the health screening service suitable for them. Second, it would be needed to develop the health screening items for each type of disability and severity. Third, it would be necessary to consider the medical equipments and amenities of health examination for the disabled. Fourth, there should be the securement of manpower and education for service providers. Fifth, the mobility right of the disabled should be secured. Regarding the health type of the disabled, first, the expert consultative group in each area should be composed for the health enhancement of the disabled. Second, it would be necessary to screening the current status of health enhancement programs for the disabled and operating facilities. Third, the Central Health Medical Center for the Disabled, shown in the law on the securement of health rights & medical accessibility of the disabled should develop the standardized health enhancement programs for each disability type and severity. After examining the contents of health examination and health type of the disabled, the opinions about policies were suggested. Thus, in the future, there should be more detailed researches based on the tasks suggested by this study, and also the causal relations between health of the disabled and relevant programs should be continuously revealed.

• Journal of Chest Surgery
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• v.40 no.3 s.272
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• pp.159-167
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• 2007

Background: Vocabularies originating from Chinese characters constitute an important common factor in the medical terminologies used 3 eastern Asian countries; Korea, China and Japan. This study was performed to comparatively analyze the medical terminologies of these 3 countries in the field of cardiopulmonary bypass (CPB) and; thereby, facilitate further understanding among the 3 medical societies. Material and Method: A total of 129 English terms (core 85 and related 44) in the field of CPB were selected and translated into each country's official terminology, with help from Seoul National University Hospital (Korea), Tokyo Michi Memorial Hospital(Japan), and Yanbian Welfare Hospital and Harbin Children Hospital (China). Dictionaries and CPB textbooks were also cited. In addition to the official terminology used in each country, the frequency of use of English terms in a clinical setting was also analyzed. Result and Conclusion: Among the 129 terms, 28 (21.7%) were identical between the 3 countries, as based on the Chinese characters. 86 terms were identical between only two countries, mostly between Korea and Japan. As a result, the identity rate in CPB terminology between Korea and Japan was 86.8%; whereas, between Korea and China and between Japan and China the rates were both 24.8%. The frequency of use of English terms in clinical practices was much higher in Korea and Japan than in China. Despite some inherent limitations involved in the analysis, this study can be a meaningful foundation in facilitating mutual understanding between the medical societies of these 3 eastern Asian countries.

• Journal of the Korean Society of Food Culture
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• v.17 no.3
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• pp.240-251
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• 2002

This study is to describe practices of and attitude toward traditional wedding food and the attitude of housewives toward the traditional wedding food in Busan metropolitan and Kyungnam province area. Data were analyzed from the convenient sample of 525 housewives collected from September 20 to September 28, 2001. As for the necessity of traditional wedding food, the most popular food was ebagee food, pebaek food, yedan food in order. Of the various kinds of traditional wedding food, table setting for parent-in-law was chosen as the most popular one. Sociodemographic characteristics such as education level and age were statistically associated with perception of traditional wedding food being necessary as a ritual thing. The respondents preferred rice cakes as wedding food to fishes, fruits, traditional sweets and skewered slices of seasoned meats. More than half of the respondents think current practices of wedding food is prodigal and has to be done in thrifty manner. As a ritual practices of wedding food were to be readjusted to the change of social custom depending on the degree of modernization. More than half (52.1%) of the housewives expected traditional wedding food should fade away. A conclusion was that it is necessary to develop modernized wedding food reflecting traditional wedding customs with economic costs.

• Journal of Digital Convergence
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• v.15 no.12
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• pp.203-212
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• 2017

This research analyzed the factors that have the influences on the intentions to use the consumer dispute settlement system for the small- and medium-sized corporations. The consumer dispute settlement system is a general Internet information portal service which enables the small- and medium-sized corporations and the small businesses receive the support for the accurate damage handling method and the legal service through the Internet in their disputes with the black consumers or the consumers. With the small- and medium-sized corporation users who use the consumer dispute settlement system as the subjects, the research took a lot at what influences the consumer dispute settlement system has on the quality of the information, the quality of the system, the ease-of-use regarding which the environmental factors are perceived, and the ease that was perceived and, finally, what influences it has on the intention of the use. The accuracy, the convenience, and the costs of the consumer dispute settlement system had the positive influences on the ease-of-use that was perceived and the accuracy and the convenience, also had the positive influences on the usefulness that was perceived. Also, it was verified that the ease-of-use of the consumer dispute settlement system that was perceived and the usefulness of use of the consumer dispute settlement system that was perceived finally had the positive influence relationships with the intention of the use. It is highly expected that if, based on the results of this research, the quality of the consumer dispute settlement system is maintained and supplemented to fit the priority order, there will be the maintenance of, and the development toward, a system that is even more improved than the previously existent system.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.