• The Journal of the Korea Contents Association
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• v.13 no.7
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• pp.158-167
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• 2013

This research examines the legal liability of place-shifting of TV contents by the use of the Slingbox. The place-shifting of TV contents is fair use because it is a non-commercial private use based on the relevant case law regarding time-shifting and device-shifting such as Sony, RIAA and Napster. But the sharing of place-shifting function is likely to be liable for copyright infringement. And place-shifting may not be fair use based on the cases which denied fair use of time-shifting and space-shifting because the consumers' convenience for the use of the copyrighted work is against the purpose of legislation of copyright law. Place-shifting is unlikely to have a significant effect on the potential market for TV contents because it presents lucrative new platforms to disseminate TV contents to computers and mobile devices. However it is likely to have negative effect because various devices can be the follow-up marketplaces of the copyright holders of TV contents. This study proposes the "innovative medium defense," a new doctrine to analyze liability of innovative media.

• Journal of the Korea Convergence Society
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• v.11 no.12
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• pp.309-317
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• 2020

In the post-corona era, telemedicine is becoming more important. This is the case in which it is written, in terms of this study, and in relation to the relationship between the Koreans and the Korean government. In addition, the aim is to prepare effective measures and seek policy suggestions for expanding the introduction of domestic telemedicine in the future. Although Japan has insisted on the necessity of introducing telemedicine in the medical community, it has institutionalized it with a cautious attitude until the establishment of telemedicine. On the other hand, South Korea lacks clear provisions on medical fees for telemedicine and legal measures regarding the responsibility for medical malpractice. Therefore, a clear legal interpretation of the telemedicine subject is needed, and a strategic approach is prioritized, including guidelines and measures for the legal responsibilities and limitations of physicians and patients.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.151-180
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• 2015

South Korea is advancing the unmanned aircraft private commercial business. Unmanned aerial vehciles industry has been developing for several years also abroad. However, unmanned aerial vehciles industry, can be an accident occurs. Accident of unmanned aerial vehciles to occur material damage and casualties. Particularly if an accident because of a defect in the unmanned aerial vehciles has occurred, it is necessary to analyze the liability for this. The defect accidents unmanned aerial vehciles has been the different manufacturing and design product is intended, whether it is important how to prove to this. This is because, unmanned aerial vehciles are designed in any intent of the original, it is impossible to victims know. So imposing a responsibility to prove the design by the manufacturer intended consumer is not fair. Moreover, the consumer, it is necessary to prove only that the product is one that normally dangerous lacked safety can be expected. This is a detailed issue of judgment of defects of unmanned aerial vehciles, the manufacturer to bear the accountability. In the case where the defect on the display of the unmanned aircraft is a problem, and if it reasonable indication, it is not appropriate to be required to prove that it was possible to prevent damage to the victim.

• Journal of Navigation and Port Research
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• v.37 no.6
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• pp.617-625
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• 2013

"Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

• Korean Journal of Construction Engineering and Management
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• v.20 no.6
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• pp.3-10
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• 2019

The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.215-239
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• 2011

We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.155-165
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• 1992

본 발표 내용은 특히 다음사항에 관하여 언급하고 있다. 1. 현재 시카고 조약(條約)에 나타난 국제항공규정(國際航空規程)의 기본구조(基本構造)를 변경할 필요가 있는가? 2. 국제민간항공기구(國際民間航空機構)(ICAO)의 법무계획(法務計劃)에 있어서의 중요사항 (1) 장래의 항공체제(航空體制)(FANS)의 제도적(制度的) . 법적(法的) 문제(問題) (2) 비안전목적(非安全目的)을 위한 전세계적인 공중(空中)/지상통신(地上通信)의 법적(法的) 문제(問題) (3) 해상법(海上法)에 관한 UN조약(條約)과 시카고조약(條約) 및 기타 항공법(航空法)과의 관계(關係) (4) 항공관제기관(航空管制機關)의 책임(責任) (5) 바르샤바 조약체제(條約體制)의 검토(檢討) 3. 항공우주법(航空宇宙法) 분야에 있어서의 전문적인 대학원(大學院) 과정(課程)의 법률교육(法律敎育)의 필요성 검토(檢討)

• Proceedings of the Korea Contents Association Conference
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• 2012.05a
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• pp.81-82
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• 2012

대리운전업은 서비스업으로 세무서에 신고만 하면 사업자 등록을 하고 사업을 할 수 있고, 설사 신고를 하지 않고 영업을 하더라도 규제할 방법이 마땅치 않아 진입장벽이 없는 상태이며 대리운전업에 대한 규제법은 전무한 상태이다. 이들이 법적 관리로부터 방치되어 있는 결과 대리운전행위의 사회적 편익에도 불구하고 요금시비 등 서비스의 질, 생계형 운전미숙자의 진입, 주로 야간에 다수의 낮선 차량을 운전하여야 하고 겸업이 47.3%에 이르러, 과중한 노동으로 인한 피로누적, 주의력 산만, 과속경쟁 등 대리운전의 속성상 교통사고 발생위험, 사고발생시 피해보상책임, 절도나 성폭력행위와 같은 범죄유발 등 여러 가지 문제가 끊이지 않고 있다. 관련업계나 일부 단체에서는 대리운전업 종사자가 15만 명을 넘어섰다고 주장하며 당당한 직업으로 인정해 달라고 요구하고 있고, 근로형태나 조건 등 사업자 내부의 문제도 제기된다. 본고(本稿)에서는 대리운전으로 발생하는 범죄의 현황과 대책을 개괄적으로 조망하고자 한다.

• Proceedings of the Korean Society of Computer Information Conference
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• 2012.07a
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• pp.123-126
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• 2012

현재 정보통신의 비약적인 발전은 의료서비스 전달체계에서도 큰 변화와 진전을 야기하고 있으며 세계적으로 점차 확대되어가고 있는 추세이다. 이는 의료정보화라는 이름으로 환자에게는 질병의 진단, 치료에 있어서 보다 신속, 세밀하고 정확히 판단할 수 있게 하여 수준 높은 보건의료서비스를 제공하는 한편 의료기관 및 관련기관은 업무의 효율성을 높여가고 있다. 그 중 원격의료는 의료기관의 방문 없이 대기시간의 단축, 일률적인 고도의 의료수준을 기대할 수 있는 등의 장점이 있는 제도이다. 그러나 현행 우리 의료법에서는 이를 규정하고는 있으나 그 내부적 관계에 따르는 세부적인 법률관계의 부재와 현장에서 이루어지는 의료행위가 아닌 정보통신망을 이용한 비대면접촉에 의한 특수한 형태라는 측면에서 제도적, 시설적, 환경적 제약이 있음을 부인할 수 없다. 따라서 본 논문에서는 원격의료의 법적 문제점 및 개선점을 고찰해보고 이를 통한 원격의료를 활성화할 수 있는 활로를 모색하고자 한다.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.131-160
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• 2023

An amendment to Medical Law allowing permanent face-to-face treatment has been proposed in the 21st National Assembly, with five different bills introduced. However, each proposed amendment focuses on different aspects, and the issue is currently in a state of 'ongoing review' due to factors such as opposition from the medical profession and political considerations. However, from the perspective that the introduction of non-face-to-face treatment should be institutionalized and legislated prioritizing patient safety, certain directions are proposed. These include focusing on returning patients as the primary target, chronic diseases as the focal conditions, outpatient medical institutions as the implementing agencies, restricting non-face-to-face means primarily to video systems, and legally exempting healthcare professionals from responsibility for incidents beyond their control. The proposed directions also emphasize establishing the right to demand face-to-face treatment. It is suggested to legislate initial standards that ensure a minimum level of safety and gradually expand the scope of non-face-to-face treatment through future research, evaluation, and similar step-by-step approaches.