• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.123-163
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• 2014

As results of analyzing judicial precedents about infection in hospitals in connection with mistakes and causality in medical litigations shows that the Mitigation of Law Principles To Prove responsibility in medical litigation has not been able to play its role compared to its intended purposes. And Major sentiment from those judgments is that a mistake can't be proved only by the fact that certain infection in hospital occurred in connection with hospital infection. Therefore, the number of indirect facts to deny estimation is overwhelmingly high. Like this, especially for hospital infection which is difficult to prove indirect facts themselves to estimate mistake, major sentiment from those judgments have a problem that impute sharing of losses caused by hospital infection to patient. In accordance with the Principles of equitable and proper sharing of losses, it's required to prepare legal interpretation and theoretical methods to largely mitigate patient's responsibility to prove medical mistakes compared to other medical litigations in connection with existing Mitigation of Law Principles To Prove responsibility and conventional theory of estimation. In connection with this, the results of review that duty of safety management in hospital infection cases can be the base of conversion of proving responsibility, the duty that prevent hospital infection, corresponding the duty of safety management in hospital infection is not conventional duty of safety management based on duty of good faith but secondary obligation of medical contract. The breach of duty preventing hospital infection is the violation of medical contract, but there is no logical necessity that convert proving responsibility from the obligation of contract itself. Therefore, the duty of preventing hospital infection from the obligation of medical contract, corresponding the duty of safety management in hospital infection cases cannot be the base of conversion of proving responsibility alone. But, it's still required to conversion of proving responsibility in hospital infection, we need further studies on cases of Germany which applies legal estimation of proving responsibilities in hospital infection.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.12 no.8
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• pp.3785-3793
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• 2011

The purpose of this study is to devise the overall problems (such as, rights and obligations between users, owners, managers regarding commercial rental buildings, benefit/benefit in return, and the relevant regulations and systems) of the building maintenance system through field surveys, expert interviews, and literature reviews. In this rapidly changing society, there are a huge amount of needs for various reforms which can meet the diversity in each area, so it is greatly important to choose priority for the best improvement for efficient and economic expenses due to limited time, human resources and budgets. In this regard, the study extracted the evaluation elements from the devised problems with the viewpoint of BSC, calculated the weights through application of AHP to the extracted evaluation elements, evaluated the difference between before/after application of weights, and set the status, which makes it possible to realize the effective solutions and the reasonable expenses for all parties. By doing so, it is expected that the building maintenance system which maximizes the value and guarantees the user's convenience with smart functions of the building, will be realized in the near future.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.113-136
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• 2020

Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.107-135
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• 2016

Medical tour can be said to be a new high added-value tour industry of 21st century. The development of varied and distinguished medical tour products by each country will further vitalize the medical tour industry. As the interest in such medical tour increases, it is necessary to analyze the demand and interests of tourists accurately and prepare medical tour products to be provided in order to develop and promote medical tour products. The government considers the medical tour industry as an industry with high expected effects in job creation through promotion of experts in global healthcare industry and national economy development through high added-value creation, and has expanded aid policies in medical tour field with improvement of medical tour immigration system, one-stop service system for medical tourists, and medical tour labor force promotion system. Nevertheless, there are disputes between foreign patients and medical tour inviting businesses, along with medical accident disputes between foreign patients and medical staff and disputes with those working in the tourism industry. This article reviews the types of disputes occurring around the inviting businesses related to medical tours and tried to review the resolutions. Through this, it was found that medical tour inviting businesses have the responsibility to connect the mediated benefits and risks and also the responsibility to process the tasks. Thus, in case dispute occurs due to passive actions from establishing agency agreement to active mediation results, it is difficult to escape the liabilities. Also, in a medical tour agency contract, the inviting business must be aware that it bears the responsibility to explain and advise the details on benefits and risks to foreign patients. The "Guide to arbitration system for resolution of medical disputes with foreign patients" by Korea Health Industry Development Institute Act presents a method to resolve disputes according to the [laws on medical accident damage relief and medical dispute arbitration] in case a dispute due to medical accidents occurs to foreign patients when the foreign patients prepare diagnosis agreement, Whether such method is sufficient to protect foreign patients, however, is thought to require discussions from more diverse perspectives. In order to vitalize medical tourism, the development of diverse products is also important, but the countermeasures against related disputes should also be prepared. Such is expected to contribute to a greater advancement based on trust of foreign medical tourists alongside excellent medical technologies.

• Korean Journal of Labor Studies
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• v.24 no.3
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• pp.109-142
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• 2018

This paper aims to analyze the Award wage system in Australia for construction workers. Considering low wages and precarious employment situation of construction workers in general, it is of advantage especially for them in Australia. Furthermore, it seems to be instructive for Korean construction workers, who stand in more precarious and unstable situation and furthermore are lack of fair wage and social safety. After strong and longstanding labour struggle in the late 19th century in Australia, it has been established a tripartite institution called as 'tribunal' between trade unions, employers, and the government. Under the highly institutionalized form of industrial relations, it functions as an arbitration and conciliation system between labour and management. The Award wage system stands in the middle point. This Award wage system including various welfare provisions is settled by the tribunal, today renamed as Fair Work Commission. In this wage system should be defined level of minimum wages according to the various skill levels, which are in turn connected with compulsory superannuation and Medicare as well as vocational education and training. Furthermore, it provides especially for the construction workers, who suffer from job instability, so-called 'portable benefits', which relate to long service leave and redundancy pay. Considering general conditions of precarious construction workers in Korea, In that respect, the Australian Award wage system would be very instructive for our social wage and safety system for construction workers.

• Fire Science and Engineering
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• v.24 no.1
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• pp.31-39
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• 2010

Although the subject of sprinkler installations in Korean regulations is less strict than in other advanced countries, many building owners and managers tend to install sprinklers only in the types of buildings designated by law or create building designs for which sprinkler installation standards are not applied. This is because priority is given to cutting installation expenses rather than providing building fire safety. In this study, the benefit is estimated for various expenses from installation and maintenance of sprinklers as an investment. As a result of comparing sprinkler system installation expense and the financial benefit by efficiency analysis, the payback period is 1/20 of the building life expectancy and its efficiency is twice the expense. Therefore, installation of sprinklers by regulation has financial efficiency and it is desirable to broadly encourage the installation of sprinklers.

• 한국사회정책
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• v.19 no.3
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• pp.149-183
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• 2012

This article aims to analyze main features of activation policy and compare major programmes in terms of their impact on employment performances in Korea. Since the introduction of National Basic Living Security Act in 2000, a series of activation policies have been in place for social assistance recipients, low-income employees, and youth unemployed by means of providing tailored employment and social services via in-depth counselling and case management. These activation policies carry both enabling and demanding elements: requiring programme participation in exchange for public assistance benefit receipts on the one hand, and providing various social services to remove barriers to employment through case management on the other hand. Therefore, it merits attention to analyze how various features of activation programmes affect employment outcomes, the effectiveness of delivery system and policy instruments as well. In analyzing employment outcomes of activation policy of which main characteristics lie in provision of employment and social services, this article points out the features and policy instruments of the activation policy that contribute to labor market entry of public assistance recipients and low income employees. In addition, it also delineates the determinants of exit from benefit receipts. Results from statistical analysis show that activation policy with intense employment service helps both benefit recipients and low income employees enter into the labor market at a faster rate. However, tailored social service provision enables social assistance recipients to exit from benefit receipts. These results suggest theoretical and policy relevant implication in regards to redesigning the delivery mechanisms and service instruments of activation policy.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.125-147
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• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.