• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.11-36
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• 2009

This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.97-106
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• 2011

Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

• Knowledge Management Research
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• v.23 no.3
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• pp.89-109
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• 2022

Many companies are trying to enter into overseas markets to overcome the limited size of domestic markets. However, there are many barriers to enter the overseas markets such as difficulty to find buyers and make contract with them, payment risks, unfriendly foreign policies, and etc. Companies have used to various strategies to get opportunities of overseas markets. One of them is UN public procurement. Despite many advantages, limited number of companies are participating in the procurement. Individual governments are providing policies to support local companies to participate in the UN public procurement. However it is not easy to encourage firms, especially SMEs to participate in the procurement. This study is designed to analyze firm and product determinants of participating in UN public procurement. Based on literature reviews and empirical findings, this study shows social responsibility and global orientation can play an important role regarding the participation. In addition, the positive relationship between UN public procurement participation and sustainability in a given firm could be empirically supported. Last, we suggest combining country- and industry-level data to investigate UN public procurement participation as an interesting topic for future research. This study represents various determinants to encourage UN public procurement participation. They may contribute to enhance firm performance such as sustainability.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• The Korean Journal of Archival Studies
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• no.30
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• pp.205-247
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• 2011

The Public Records and Archives Management Law was enacted on June 24, 2009 and was in effect in April 1, 2011. This Act is different from existing Public Archives Law and National Archives Law. Before enacting Public Records and Archives Management Law, Public Archives Law and Information Disclosure Law was the backbone of Japanese Public Records management system. Public Archives Law is composed of management and access for non-active records in Public Archives. Information Disclosure Law is prescribed management of active-records in administrative agency. Public Records and Archives Management Law is the first comprehensive law of managing administrative records including historical records (nonactive-records). The law is prescribed that the public records and archives are intellectual resources shared by citizens and allows people to have more access to them. The law states that public records is basis of democracy and accountability for current and future generation. This article analyzed the relationship of law and its implementing ordinance and Guideline of administrative public records management, and analyzed the law and record-schedule. Furthermore, this article examined significance of the law and democracy, administration's transparency. In accordance with enacting the law, Japanese Public Records Management System will develop. and we must pay close attention to that situation.

• Journal of Digital Convergence
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• v.11 no.12
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• pp.237-243
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• 2013

Companies engaged in the enterprise, while still at the start will have social responsibility. But recently, more and more companies will shorten the life expectancy of a corporate environment and is also rapidly changing. In this study, the longevity of global enterprises through the company's longevity factor analysis, that has continued to gain corporate answer. DuPont's global corporate giant Siemens and the longevity of the two factors in analyzing the factors that change the business portfolio, risk management, and continuous research and development, trust management, environmental management and other factors have been described. This ongoing internal and external environment analysis and core competencies by strengthening the implementation of responsible management as the core of the upcoming general management are appearing.

• Journal of Korean Philosophical Society
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• v.146
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• pp.25-48
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• 2018

Starting from common sense that happiness is a state where needs are satisfied, this paper suggests the intelligence and the virtues for democratic citizens. The fact that human beings exist, relate to each other, and undertake activities which can become of moral worth when joined by autonomy, equality, and responsibility, respectively, is explained. It is also discussed that happy citizens should be able to exist autonomously in the face of political power, make an equal relationship with political power and fellow citizens, and undertake responsible activities. Lastly, it is suggested that happy citizens should be able to understand the plurality of value-contents, the similarity of value-forms, and the possibility of value-realization, and then be equipped with self-respect, mutual respect, and law-respect.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.85-113
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• 2009

In this paper, the Judgment 2007DA76290 of the Korean Supreme Court was analysed in two points of the legal theory and litigation. The judgment arouses some issues of medical malpractice liability. They includes the concept of the complications and permanent lesion and the difference between them, some problems in a judge's applying the requirements for the physician's tort liability to the medical malpractice situations, the theory of obligation de moyens related with the burden of proof of the negligent conduct for a physician's liability for misperformance of contract, the influence of a patient's physical conditions on the physician's liability, the breach of duty to disclose in selecting the safer one of the treatment methods bringing about the complications or leaving the permanent lesion and so on. In the situations of the case referred to above, the plaintiff should have tried to establish that a reasonable physician in the specific situation of the case would have substituted the safer method of treatment for the method in the case. If the plaintiff had succeeded in establishing it, he or she could have recovered even the physical harm resulting from the permanent lesion brought about by the complications of the specific treatment in the case. The plaintiff failed to do so and recovered only the emotional distress which the patient suffered owing to the physician's breach of the duty to disclose. Therefore the legal malpractice of the counsel might be found in this case.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.3-46
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• 2017

Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.37-63
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• 2023

In medical litigation, there are various cases where a doctor's 'explanation' of a patient becomes problematic. Medical explanations and guidance are required from the doctor, starting from the beginning of diagnosis, through treatment processes such as surgery, when hospitalization is necessary for treatment, during hospitalization, upon discharge, and after discharge. Furthermore, notification from the doctor or medical institution may be requested regarding the economic costs that will be incurred due to medical treatment. South Korea's judiciary has been developing legal principles regarding such doctor's explanations by distinguishing between explanations for obtaining consent for medical treatment and medical explanations related to guidance on patient treatment methods, taking into account related laws such as the stage of treatment and the Medical Service Act. Additionally, the Constitutional Court recently ruled on the non-benefit cost notification system linked to the explanation of economic costs. However, holding a doctor accountable solely because the doctor's explanation was insufficient has aspects that do not correspond to the actual situation in clinical reality, and may have a reflexive disadvantage that results in a decline in legal rights. Therefore, the doctor's explanation needs to be examined from both perspectives: guaranteeing the patient's right to self-determination and protecting his or her right to decision.