• Journal of muscle and joint health
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• v.28 no.1
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• pp.30-40
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• 2021

Purpose: This study aims to present nurses' legal conflicts and legal basis through the precedent analysis of a crime of professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the correct and high-level legal consciousness of nurses. Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses' professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed. Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3). Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.

• Journal of Navigation and Port Research
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• v.38 no.5
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• pp.479-484
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• 2014

This paper presents the crew members fatigue survey in order to understand the current state of various fatigue causal factors and personnel fatigue subjective symptoms, and then analyzes the survey items. The results of this survey are as follows. Firstly, many crew members were struggling with the lack of sleep and rest hour. Secondly, environmental factors such as weather, ship motion and vibration, noise, accommodation condition etc. disturbed the sleep of crew members. In third, their duty hours were more than 10 hours per day in certain types of ship. In fourth, they felt fatigue a lot when they were on board because of the workload and stress. Lastly, in some measurement items of fatigue symptoms(physical, mental, emotional), many crew members were experiencing more than moderate fatigue symptoms.

• Fire Science and Engineering
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• v.20 no.4 s.64
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• pp.77-90
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• 2006

This is for Criminal Law problem that can be happened during the rescue working of 119 rescue member. There are mainly 3sections can be Criminal Law Problem. At first, denying a rescue request. Second, thing that do not transfer patient or people need someone's help by their refusal. Third, emergency medical management. It can be criminal act if somebody do the 3sections thing under Law about emergency medical treatment. It also can be homicide under Criminal Law or accidental homicide, a charge of injuring a person if people need rescue die or become worse through the work. Rescuers are responsible for a criminal case by their carelessness and fault. A plan has to remain to protect them when they do violence to the life and health of a people inevitably. This paper examines the plan can protect them through the analysis and application of related Law about rescuer's work which can be Criminal Law Problem, presents rational establish plan of Rescuer Protect Law to make them their job well as a rescuer.

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.3-30
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• 2021

Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.137-162
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• 2004

Generally the aircraft accident caused a great loss of lives, severe property damages including aircraft's total loss and thus, affect enormous emotional and economic damages to the public. We, therefore, should try every efforts to prevent the re-occurrence of aircraft accident by examining the cause of accident closely and discovering it through aircraft accident investigation. Though the object of an accident investigation is not to apportion blame but to discover a cause or causes of an accident to prevent future accidents, the cause of an accident would play a vital role in determining the liability of the carrier, legal relationship with the third party and jurisdiction, etc. in the aviation litigation. Therefore, it is very important that aircraft accident investigation are carried out by a professional and independent agency. Also, it needs for us to be careful in applying investigation results in the courts not to be deterrent to discovering the cause of accident. Korea now has the Aviation Accident Investigation Agency Board under the Korean Ministry of Construction and Transportation, but unfortunately it is often pointed out that it lacks professionalism and independency due to the bureaucratism of the Government. We, therefore, should establish a professional and independent aircraft accident investigation agency like United States' NTSB and reflect the issues mentioned-above on the new Act.

• 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.1
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• pp.32-40
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• 2019

This study analyzed operating condition and the problems of damage compensation insunace (property insurance) for qualified architect and derived some suggsetions for improvement. The Certified Architects Act requires all building design and construction supervision to buy property insurance. This study proposes following suggestions to solve problems of current architect property insurance. Firstly, we need to increase the insurance purchasing rate of damage compensation insurance for qualified architect. It is necessary to clearly specify the matters concerning the submission of insurance policies by the architects, which is currently carried out by the Minister's official letter, in the form of official announcement. Secondly, proper insured amount should be adjusted. In order to insured substantial compensation capacity, total amount of insurance should be enlarged. Thirdly, the insurance period should be extended to one year after completion of building to allow compensation for accidents due to design negligence. Generally, the design defect can mostly be identified within one year after completion. Fourthly, insurance coverage should be extended. In the long run, it is essential to enlarge the scope of the security not only to property damage but also to human losses. Finally, an accident record sharing system should be established among insurance companies, so that proper insurance premiums or discounts can be made based on the system.