• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.83-107
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• 2019

In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

• KDI Journal of Economic Policy
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• v.28 no.1
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• pp.95-116
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• 2006

Traditionally, foreign labor inflow into Korea has been rare and, hence, issues on foreign workers did not draw much attention. However, changing economic conditions of the Korean economy, such as "labor-shortage" problem in SMEs in manufacturing sector, has made the Korean government open its door to the foreign workers since the early 1990s through the Industrial Trainee System. The inflow of foreign workers, on the other hand, has generated various social and economic problems, such as substantial increase of illegal over-stayers, illegal utilization of foreign unskilled workers by domestic SMEs, to name a few. Against this background, the Employment Permit System was implemented from 2004. This new system aims at supplying foreign workers to SMEs as well as protecting them as legal 'employees'. In any case, it is very important to understand how and to what extent the inflow of foreign workers have affected the Korean economy in order to establish long-term policy stance. This paper aims to empirically assess the economic impact of foreign workers on domestic workers in the manufacturing sector during 1997~20001, focusing on the Industrial Trainee System. The empirical results of the paper can be summarized as follows. First, there is some evidence that male semi-skilled workers are the group that is likely to have been displaced by industrial trainees. Second, we were unable to find any strong evidence suggesting that the inflow of foreign industrial trainees decreased wages of less-skilled Korean workers.

• Spatial Information Research
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• v.22 no.3
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• pp.47-58
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• 2014

The credible measurement, reporting and verification (MRV) is among the most critical elements in UN-REDD (United Nations programme on Reducing Emissions from Deforestation and forest Degradation in Developing Countries). This study is intended to explore MRV potential in terms of UN-REDD opportunity cost estimation using satellite image for Mt. Geum-gang of North Korea. A visual interpretation were conducted to evaluate MRV conditions by sub-dividing or decomposing the images with different pixel size into a three types of hierarchical tree structure that helps dealing with spatial variability within each subarea. The permanent record of standard satellite remote sensing system demonstrated its capability of presenting area-wide visual evidences of MRV conditions in Mt. Geum-gang (such as the identification of forested area, degradation trends for forest space, three types of hierarchical land-cover and land use tree structure, carbon density in the landscape). Satellite data could be accepted as legally binding proof when it comes to REDD opportunity cost estimation since several cases exist where remote sensing has been used as legal evidence in ICJ (International Court of Justice) and UN resolution. It doesn't seem very difficult to comply with MRV requirements for UN-REDD opportunity cost calculation due to the probative value of satellite data. It is anticipated that this research output could be used as a valuable reference for Korea-based enterprises exploring REDD project sites and the carbon traders to ensure MRV potentials using satellite image in UN-REDD Opportunity Cost estimation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.4
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• pp.389-397
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• 2014

The purpose of this thesis is studying for a legal basis and definition of Oil Record Book. In the thesis, comparing with the laws related to punishment for false entry of Oil Record Book of the maritime countries and korea Act. Studying the improvement marine pollutants from ships by suggesting legal and institutional proposal which are able to make themselves increase effectiveness for recording and inspection of Oil Record Book. Suggest the solution of the problems raised in this thesis, First, The Oil Record Book should not be the evidence which is having the effectiveness simply after the accident of marine pollution, but take sanction on pre-inspection of Oil Record Book as establish the concrete administrative punishment for each contents-based record of Oil Record Book. Second, It should set up of judgement criteria of false entry of Oil Record Book by port state control officer. Third, It should strengthen the legal effectiveness of Oil Record Book contents such as Code(c) ; oil residue, Code(d); relating to bilge discharge by including premeditation for false entry of Oil Record Book. Also, The enhancement of role for marine pollution prevention manager raise the effectiveness of Oil Record Book as recognizing the importance of Oil Record Book.

• Korean Security Journal
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• no.29
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• pp.301-336
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• 2011

This exploratory study aims to review the risks and threats of social network services(SNSs), particularly focusing upon the policing perspective. This paper seeks to acknowledge the present risk/danger of SNSs and the very significance of establishing a strategic framework to effectively prevent and/or control criminal misuse of SNSs. This research thus advocates that proactive study on security issues and criminal aspects of SNSs and preventive countermeasures can play a significant role in policing the networked society in the time of digital/internet age. Social network sites have been increasingly attracting the attention of entrepreneurs, and academic researchers as well. In this exploratory article, the researcher tried to define concepts and features of SNSs and describe a variety of issues and threats posed by SNSs. After summarizing existing security risks, the researcher also investigated both the potential threats to privacy associated with SNSs, such as ID theft and fraud, and the very danger of SNSs in case of being utilized by terrorists and/or criminals, including cyber-criminals. In this study, the researcher primarily used literature reviews and empirical methods. The researcher thus conducted extensive case studies and literature reviews on SNSs. The literature reviews herein cover theoretical discussions on characteristics, usefulness, and/or potential danger/harm of SNSs. Through the literature review, the researcher also concentrated upon being able to identify a strategic framework for law enforcement to effectively prevent criminal misuse of SNSs The limitation of this study can be lack of statistical data and attempts to examine previously un-researched area in the field of SNS and its security risks and potential criminal misuse. Thus, to supplement this exploratory study, more objective theoretical models and/or statistical approaches would be needed to provide law enforcement with sustainable policing framework and contribute to suggesting policy implications.

• Korean Journal of Forensic Psychology
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• v.13 no.1
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• pp.75-97
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• 2022

Profiling is recognized as a representative application area of domestic criminal psychology, and the National Police Agency profiler is firmly established as a profession. However, compared to the social awareness, the recognition and utilization within the police is not high. In this study, we tried to identify factors affecting the intention to use profiling by identifying the perception of investigators who request and use profiling from a profiler when a violent incident occurs. To this end, the relationship between the perception of the importance of factors considered by investigators in the criminal investigation process and the attitude toward profiling on the intention to use profiling was verified through the path model. As a result of a survey of 340 police investigators, the investigator's perception of the importance of investigation elements was divided into two factors: the importance of normative investigative elements (evidence collection and legal judgment, etc.) and factual investigative elements (criminal analysis, criminal information system analysis, etc.). Among them, the importance of factual investigative elements were found to have a positive effect on the intention to use it by mediating the attitude toward profiling. On the other hand, in the case of the importance of normative investigative elements, it was found to have a negative effect on the attitude toward profiling. These results suggest that the perception that investigators have about investigation, which is their main work area, plays a role in determining whether to request profiling as well as attitude towards profiling. Based on the research results, strategies necessary to activate the use of profiling were discussed.

• Journal of Korean Society of Archives and Records Management
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• v.22 no.1
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• pp.177-200
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• 2022

Administrative information datasets are a kind of record produced based on an organization's work performance. A dataset is evidence of the act of recording and contains a lot of information that can be used for work. Datasets have been neglected in Korea's records management system. However, as the law was revised in 2020, the management of administrative information datasets was legislated. Organizations that require management of administrative information datasets have already gradually begun record management. The core of managing administrative information datasets is the preparation of the Management Reference Table for the dataset. Regardless, there is confusion with the Records Management Reference Table for Dataset in institutions that work on records management, and it is difficult to work because the Management Reference Table for Dataset has a new concept. This study looked into the problems in the records management of datasets that appeared at the beginning of work. It isuggests a method to effectively settle records management for datasets. In that way, the Management Reference Table was selected as the research subject, and the problems discussed so far were summarized. In addition, the items of the current Management Reference Table were analyzed. As a result of the study, we have proposed the simplification of items in the Management Reference Table, the reorganization of areas in the Management Reference Table, the introduction of the concept of retention periods, and the preparation process of the Management Reference Table.

• Science of Emotion and Sensibility
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• v.25 no.2
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• pp.31-44
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• 2022

Power and status are core elements that distinguish social classes and strongly influence social interaction. Although they are the foundation of social influence, they have different origins (Fragale et al., 2011). While power usually is based on personal ability or legal, institutional legitimacy, status is rooted in voluntary support from other people. Hence, whereas people with power often demonstrate egoistic behavior, those with high status show relationship-based altruism (Hasty & Maner, 2020). People recognize the difference between the two and have stereotypical beliefs or expectations about the people's behavior with high power or status (Magee, 2009). The current research tested how the judgment on social exclusion, the unique social influence of power and status, changes depending on the actor's power and status. We constructed social exclusion scenarios in which we manipulated actors' power and status and asked participants to rate an actor's pain and behavioral fairness. Participants' ratings showed that the actor's fairness and pain would differ depending on the actor's power and status (Expt. 1), which is consistent with the stereotypes above. In particular, the significant effects of the actor's anonymity in the cases of low power and high status (Expts. 2A, 2B) provide further evidence for the proposal that status but not power originates from voluntary support from others.

• Korean Association for Visual Culture
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• v.23
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• pp.329-368
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• 2013

This thesis investigates the relationship of the 18^th century European landscape painting and the scientific (optical) instruments like Camera obscura and Camera lucida. Based on the fact that some landscape painters, 'veduta painters', at that times might have used or surely used these optical instruments in their sketches/drawings, it explores the reasons for using them and their working process with them, and analyses the advantages/disadvantages here as well as the aesthetic problems in the cases of the Italian painter Antonio Canaletto (or Canal, 1697-1768), the British topographic artist Thomas Sandby (1721-98) and the British chemist/optician Willian Henry Fox Talbot (1800-77). Advantages of using Camera obscura/lucida are rapidity in drawing, truthful representation of nature/reality and 'accurate' fulfilling of perspectival structures. But partly 'inaccurate' or simplified depictions as disadvantages can be traced in drawings/sketches made by using these instruments. Another problem lie in the subordination of the artistic work to the technical devices, but for artists still remain the creative working process in painting like coloring, tone and chiaroscuro etc. Therefore, it can be maintained that the optical instruments have played a role of the subsidiary tool as an aid to painting.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.