• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.3
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• pp.180-185
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• 2018

The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.17 no.2
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• pp.3-17
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• 2007

Receiver access control scheme is proposed to protect multicast distribution tree from DoS(Denial-of Service) attack induced by unauthorized use of IGMP(Internet group management protocol), by extending the security-related functionality of IGMP. Based on a specific network and business model adopted for commercial deployment of IP multicast applications, key management scheme is also presented for bootstrapping the proposed access control as well as accounting and billing for CP(Content Provider), NSP(Network Service Provider), and group members.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.3-25
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• 2011

국제상사중재를 다루는 중재판정부의 중재인은 당사자들 간의 유효한 합의를 통하여 구속력 있는 중재판정을 행사할 권한을 가진다. 중재계약에 다른 정함이 없는 한 중재인의 판정권에 대한 결정은 중재인 자신이 내린다. 중재인은 중재합의에 의하여 그 권한이 부여된 사건에 대해서만 권한을 갖게 되나, 명시적으로 그 권한에 따라야 하는 사건 외에 당해 사건을 해결하기 위하여 처리하지 않으면 안 될 모든 문제, 즉 당해 사건과 절단될 수 없는 형태로 연계되어 있는 문제 또는 그 부차적인 조건의 문제를 해결하여야 하는 책임을 지게 된다. 중재판정부는 그 자율적인 권한범위를 규율하는 권한을 가지며, 그 권한 속에는 중재합의의 존부 또는 효력에 관한 것도 포함된다. 중재인의 판정권에 이의가 있는 당사자는 법원에 중재계약의 부존재 무효 확인을 청구할 수 있고, 중재판정이 이미 내려진 경우에는 중재판정취소의 소를 제기하거나, 집행판결에서 이의를 제기할 수 있다. 우리 중재법의 입장에서 국제중재판정의 판정기준에 대해 는 중재판정부는 당사자들이 지정한 법에 따라 중재판정을 내려야 하며, 특정 국가의 법 또는 법체계가 지정된 경우에 달리 명시되지 아니하는 한 그 국가의 국제사법이 아닌 분쟁의 실체법을 지정한 것으로 보고 있다. 국제중재의 법적 안정성, 예측가능성의 관점에서 실정법을 그 판단의 규준으로 삼는다. 한국의 국제중재의 특성은 국제성 중립성, 보편성을 보장받는 점이다. 중재인 구성원은 세계 각국의 국적을 가진 전문 중재인들이 참가하고 있다. 중재절차에 있어서도 중재인은 실체법이나 절차법, 또는 법률의 상충에 관계없이 어느 특정법률을 적용하도록 강요받지 않고 각각의 경우에 가장 적합한 법률에 따르며 중재판정부의 진행절차는 국제중재규칙에 의해 규율된다.

• The Korean Journal of Vision Science
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• v.20 no.4
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• pp.579-588
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• 2018

Purpose : To analyze the eyeglasses supply system for ametropic soldiers in ROK military. Methods : We investigated and analyzed the supply system of eyeglasses for the ametropic soldiers provided by the Korean military. The refractive powers and corrected visual acuity were measured for 37 ametropic soldiers who wear insert glasses for ballistic protective and gas-masks supplied by the military based on their habitual prescriptions. Full correction of refractive error was prescribed for subjects having less than 1.0 of distance visual acuity, and comparison was held for inspecting the changes in corrected visual acuity. Suggestions were provided for solving the issues regarding current supplying system, and this study investigated the applicabilities for utilizing professional optometric manpower. Results : The new glasses supplied by army for ametropic soldiers were duplicated from the glasses they worn when entering the army. The spherical equivalent refractive powers of the conventional, ballistic protective and gas-mask insert glasses supplied for 37 ametropic soldiers were $-3.47{\pm}1.69D$, $-3.52{\pm}1.66D$ and $-3.55{\pm}1.63D$, respectively, and the spherical equivalent refractive power of full corrected glasses was $-3.79{\pm}1.66D$, which showed a significant difference(p<0.05). The distant corrected visual acuity measured at high and low contrast(logMAR) of conventional, ballistic protective and gas-mask insert glasses were $0.06{\pm}0.80$, $0.21{\pm}0.82$, $0.15{\pm}0.74$, $0.34{\pm}0.89$, $0.10{\pm}0.70$ and $0.22{\pm}0.27$, respectively, while the corrected visual acuity by full corrected glasses were increased to $0.02{\pm}1.05$, $0.10{\pm}0.07$, $0.09{\pm}0.92$, $0.26{\pm}0.10$, $0.04{\pm}1.00$ and $0.19{\pm}1.00$, respectively. There was a significant difference(p<0.05) except for the case of the low contrast corrected visual acuity of the conventional and gas-mask insert glasses. The procedure for ordering, dispensing, and supplying military glasses consists of 5 steps, and it was found that approximately two weeks or more are required to supply from the initial examination. Conclusion : The procedure of supplying the military glasses showed three issues: 1) a lack of refraction for prescription system, 2) relatively long length of time required for supplying the glasses, 3) an inaccurate power of supplied glasses. In order to solve those issues, in the short term, education is necessarily required for soldiers on the measurement of the refractive powers, and in the near future, further standard procedures for prescription of glasses as well as the securement of optometric manpower are expected.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.37 no.6
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• pp.1053-1061
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• 2017

The study is concerned with providing the improvement method on making a reasonable and scientific decision on the damages accrued from the bid rigging in the construction work. According to the review on the precedent studies and decision cases on the damages caused by bid rigging, the representative problems include the insufficiency of the classification system on the damage calculation method and the omission of the necessary stage in the damage determination process. First, the improved classification system on calculating the damages caused by bid rigging is presented with the application to the bid rigging in the construction work by adding the ratio factor in addition to the damage calculation parameters such as price and cost. Second, the standard procedures organized with six stages is presented as the process required for determining the damages if the indemnification for bid rigging is claimed. The study becomes the foundation for resolving the problem with the undue burden on a party and for preventing the opportunity loss by resolving a dispute early through the improvement classification system and standard procedures presented in the study.

• Journal of the Korea Society of Computer and Information
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• v.26 no.6
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• pp.145-154
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• 2021

While welcoming the distributing of the powers of the Ministry of Education, which is currently being promoted, to the city and provincial offices of education, I am very concerned that this will expand and amplify the powers concentrated in one central institution to 17 local institutions closer to the field. Until now, the Ministry of Education and the Office of Education have served as co-cause providers as important reasons for hindering school education. The transfer of the authority of the Ministry of Education is highly likely to be deformed as soon as it results in the quantitative reduction of the functions and roles of the existing Ministry of Education and the quantitative expansion of the roles and functions of the city and provincial offices of education. In the reality that no legal device for school autonomy has been established, it is highly likely that emphasizing the principle of school autonomy in our educational climate, which is deeply rooted in the vertical bureaucratic administrative culture, will end with a simple measure or stop at the level of imitation. Therefore, a more stable device is needed to check the authority of the city and provincial office of education and the superintendent of education to take over the authority of the Ministry of Education. This is also a system that is still required even when school autonomy becomes legal. Therefore, it is necessary to revitalize the independent education committee, establish a local education committee in the city and province education office, and activate the resident participation system (resident proposal system, resident voting system, resident litigation system, resident audit request system).

• Journal of the Korea Institute of Building Construction
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• v.21 no.2
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• pp.129-139
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• 2021

Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

• Korean Journal of Construction Engineering and Management
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• v.6 no.1 s.23
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• pp.186-194
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• 2005

The purpose of this study is to examine the problems of the regulations regarding the modification of subcontact price. It also suggests several measures to improve the regulations related to the subcontact price adjustment which help to reduce unnecessary claims and commercial disputes. The literature research, structure and context analysis on the subcontract regulation and survey are adopted as basic research methods. The primary findings of this study are summarized as the following: (1) A provision outlining necessary procedures that an owner and a contractor should notify a subcontract or the adjustment of contact price needs to be made. (2) A provision allowing procedures that subcontactor could make the alteration of subcontract agreement and adjustment of subcontact price needs to be made. (3) The terminology like a unit cost and the rate of contact price needs to be clearly defined in order to improve the criterions of the subcontact price adjustment. (4) The criterions and additional expenses that the contractors ate responsible far need to be defined.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.463-468
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• 2007

The disputes in construction projects are very important issue for stakeholders. However, many of presented claims have not received the compensation money required, and frequently turned down. The most cause is that the claims are not managed systemically on construction. Therefore, it is important to identify which management works are conducted on construction and how significantly do they relevant to construction claim. This research derives key claim management factors through analyzing causes for claim success and failure, and then presents management works relevant to them. This research also proposes the method for effective claim management and its expected effect through expert interview.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.131-157
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• 2015

NHIS claimed for damages to doctors that by doing the treatment breaching medical insurance criteria caused by doctors, NHIS paid for medicine cost to pharmacy; as a result, the doctors caused the tort to NHIS. Following consecutive rulings afterwards, NHIS also argued that the medicine cost violating medical law or medical treatment expense paid to medical organizations are both the tort in civil law. NHIS claimed for all the damages, and the Supreme Court confirmed this judgment. However, within our national health insurance system, the subject of insurance payment is NHIS and the subject of medical treatment expense are also NHIS since the treatment expense is also insurance payment by asking the treatment to medical organizations. Further, national health insurance law is not made to control the violation of medical treatment cases; therefore, the breach of medical law cannot be covered by illegality of tort in civil law regarding NHIS. If that is the case, in the case that if the patients are treated according to treatment criteria via the doctors delegated the doctors' permission by Health and Welfare minister, NHIS acquired the benefits to remove the duty to give treatment payment to doctors in civil law; thus, even though the doctors have breached the medical law, NHIS does not have any damages. The fact that supreme court confirmed the ruling that the treatment is the tort in civil law towards NHIS is the judgment not counting the benefits of insurance payment as the subject but only considering the fact that NHIS paid to the doctors and this ruling have gone against the principle under civil code section 750. If the doctors have breached the medical law, the case should be sanctioned by medical law not national health insurance law, and the ruling of supreme court is assumed that they have confused both with the principle of national health insurance law and civil law.