• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.67-100
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• 2017

Throughout the history of the aviation industry, from its origins in the $20^{th}$century to the present, accidents have always occurred. This paper deals with the legal liability of air traffic controllers, who represent one of the human factors causing these accidents. Though controller negligence turns out to be a main cause of the accident, Korea does not have additional judical case, since it was firstly declared that controller negligence was accountable for the air traffic accident in 1971. As such, we examine the liability of air traffic controllers as public officers. This paper looks not only at the role of air traffic controllers and pilots in accidents, but also at the applicability of controller liability in the context of Korean law. We determine that despite the high-stress environment, air traffic controllers must share in the responsibility to provide safe air navigation. Therefore, they cannot avoid legal liability.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2016.05a
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• pp.335-355
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• 2016

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.173-207
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• 2018

Japan is a super-aged society where the proportion of the people aged over 65 is exceeded 20%. Therefore, there are many accidents that occur in long-term care facilities in Japan, and there are many civil litigations. The Japanese court has acknowledged in many cases that the long-term facility is responsible for the damage to the elderly who is injured in the facility. The cases can be divided into ① tumbling down, ② wandering, ③ suffocation, ④ bedsore, and ⑤ accidents among the facility-users. In most cases, the court found that the facility violated its obligation to protect their users. This is not only the case where the manager or the employee of the facility violates the obligation to watch and care for the elderly, but in some cases, the failure to maintain the human and material system itself is recognized. The basis for such judgment is whether the facility can predict the possibility of an accident and whether the facility has taken measures to prevent accidents. Also, the Japanese court recognizes the transfer of burden of proof in order to expedite the victims' rights. However, the liability of the facility for damages should not be so heavy that it would be hesitant to allow a person to enter the facility and make a contract.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.64-71
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• 2022

The term "ordinary practice of seaman" is applied to hold the responsibility of those involved in marine accidents. However, there is a concern that the responsibilities of seamen may become unclear as the ordinary practices of the seamen are imposed. In addition, the responsibility for improvement is diluted by mentioning the ordinary practice of seaman when the navigation rules stipulated in the COLREGs is clearly violated. The maritime safety investigation and tribunal system thoroughly analyzes the causes of marine accidents to prevent the recurrence of similar accidents. As one cause that does not contribute to the prevention of the recurrence of similar accidents, it would be appropriate to exclude the term "ordinary practice of seaman" as far as possible. Accordingly, I reviewed the reason for the existence of the maritime safety investigation system and ways to improve the application of the term "ordinary practice of seaman," which is recognized as a customary and an unconventional navigation rule, by examining the theories on the ordinary practice of seaman and analyzing cases of court judgments and decisions in the Korea Maritime Safety Tribunal. I also proposed a modern interpretation on the responsibility for proper and purposeful application. In addition, from the viewpoint of preventing the recurrence of maritime accidents, it is suggested that the nounized term in Korea be replaced with the descriptive term.

• Proceedings of the Korean Society of Computer Information Conference
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• 2020.01a
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• pp.95-98
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• 2020

4차 산업혁명과 더불어 급격하게 성장하고 있는 우리나라 항공운송산업은 다른 교통 및 운송수단에 비교하였을 때 항공운송이 갖는 고유한 특성인 안전성, 경제성, 국제성 등의 장점으로 인하여 꾸준히 성장을 거듭하고 있는 것이 사실이다. 하지만 이러한 성장과정 속에서 우리가 예상 할 수 없이 갑작스럽게 벌어지는 항공기 엔진 결함으로 지연 및 항공기 추락사고 등으로 발생되는 법률적인 분쟁도 지속적으로 증가해 가는 것도 틀림이 없다. 한편 그동안 항공사고를 둘러싼 인명피해나 재산상 손해에 대한 법률적인 분쟁에 있어서 국제항공운송과 관련해서는 국제조약으로 국내항공운송은 각 항공사가 제시한 항공운송약관 및 민법, 상법 등으로 해결을 해왔었다. 따라서 본 연구에서는 항공기사고와 관련한 항공운송인의 손해배상책임에 대한 쟁점사항을 살펴보고 그에 대한 합당한 개선방안을 적시하고자함이 본 연구의 목적이다.

• 한국벤처창업학회:학술대회논문집
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• 2008.11a
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• pp.285-334
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• 2008

The manager of manufacturing industry just not to have known to do related to the law of Product Liability that was put into operation in July 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. The economic effects by the law of Product Liability are the increase of consumers relief production cost by the lawsuits. Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products. However, there are limitations in the fact that research theories are only able to present a theoretical model and directions. In this context, managers and personnel of multiple companies cannot adequately respond to the recently enforced Product Liability Act. The major findings are summarized as Product Liability Management Activity are positively Correlation of Enterprise Value.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.3 no.3
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• pp.17-65
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• 2008

The manager of manufacturing industry just not to have known to do related to the law of Product Liability that was put into operation in July 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. The economic effects by the law of Product Liability are the increase of consumers relief production cost by the lawsuits. Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products. However, there are limitations in the fact that research theories are only able to present a theoretical model and directions. In this context, managers and personnel of multiple companies cannot adequately respond to the recently enforced Product Liability Act. The major findings are summarized as Product Liability Management Activity are positively Correlation of Enterprise Value.

• Annual Conference of KIPS
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• 2023.11a
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• pp.1228-1229
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• 2023

현대 도시 모빌리티의 중요한 구성 요소로 자리 잡은 전동킥보드는 편리한 이동 수단으로 인기를 얻고 있으나, 이에 따른 안전사고 증가로 운전자와 보행자의 안전이 심각하게 위협받고 있다. 본 논문에서는 전동킥보드 운전 중에 발생한 사고의 원인을 객관적으로 분석하고, 사고가 운전자의 부주의로 인한 것인지를 판별하며, 이로 인한 배상 책임을 정확하게 결정하기 위한 모델을 제안한다. 운전 중 수집된 센서 데이터를 활용하여 Deep SVDD (Deep Support Vector Data Description) 모델을 구축하고, 이상치 탐지를 통해 운전 패턴을 분류하며 운전자의 부주의로 인한 사고를 파악한다. 이를 통해, 정확하고 공정한 배상 책임 판단을 지원하며, 도시 모빌리티 분야에서 안전사고 감소에 기여할 것으로 기대된다.

• Proceedings of the Korean Institute of Industrial Safety Conference
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• 2003.05a
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• pp.43-47
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• 2003

현대 과학기술의 발달과 더불어 생산되는 제품들은 점차 고도화·복잡화되고, 제품의 결함 또는 제품으로 인한 사고 원인을 소비자 스스로 밝혀내는 것이 거의 불가능하게 되었다. 따라서 제조물의 안전에 대한 우선적인 입증책임을 기업에게 요구하는 제조물책임법이 선진국에서 시행되었고, 최근 소비자의 권익 보호제도 확충으로 제조물에 대한 책임이 엄격화, 광범위화 되었으며, 유럽연합과 일본의 제조물책임법을 근간으로 제정한 국내의 제조물책임법이 2002년 7월 시행되었다.(중략)

• Journal of the Korean hospital association
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• v.30 no.5 s.273
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• pp.110-123
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• 2001