• Title/Summary/Keyword: 위자료

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Estimating Compensation for Personal Information Infringement in Korea Using Contingent Valuation Methods (CVM을 이용한 국내 개인정보 침해사고의 위자료 산정)

  • Kwon, Hong;Lee, Eun-Ju;Kim, Tae-Sung;Jun, Hyo-Jung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.22 no.2
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    • pp.367-377
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    • 2012
  • (Estimating Compensation for Personal Information Infringement) As the value of personal information increases, personal information infringements is more likely to happen. The compensation for personal information infringements needs to be calculated in the process of infringement remedy. However, as personal information is regarded as non-market goods with no exchange price and calculating the remedy for mental sufferings from infringements has no guideline, it is not easy to determine the compensation amount. In this study, we adopt Contingent Valuation Methods (CVM) to analyze Willingness to Accept (WTA) of each type of personal information. Also, this study attempts to examine a standard model for calculating compensation by applying JNSA JO Model of Japan, which is not prepared in Korea. This study does not simply present a plan of estimating compensation. By measuring the value of personal information, it could awaken companies and organizations to the importance of personal information security.

The Legal Interest of Doctor's Duty to Inform and the Compensation to Damages for Non-pecuniary Loss (의료행위에서 설명의무의 보호법익과 설명의무 위반에 따른 위자료 배상)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.37-73
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    • 2020
  • Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

A Study on TOPMODEL Simulation for Soil Moisture Variation (TOPMODEL의 토양수분 변동성 모의에 관한 연구)

  • Kim, Jin-Hun;Bae, Deok-Hyo;Jang, Gi-Hyo;Jo, Cheon-Ho
    • Journal of Korea Water Resources Association
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    • v.35 no.1
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    • pp.65-75
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    • 2002
  • The objectives of this study are to analyse model-based soil moisture variations depending on model parameters m and $T_0$ and to evaluate the model performance for the simulation of soil moisture variations by the comparison of observed groundwater levels and model-driven soil moisture amounts and observed and simulated river discharges at the basin outlet. The selected study area is the Pyungchang IHP river basin with outlet at Sanganmi station and the summer flooding events during '94-'98 are used for the analysis. As a result, soil moisture holding capacity is increased according to increase the parameter m that represents effective groundwater depth. This phenomenon is especially dominant when higher m and $T_0$ values are used. The qualitative comparison of computed base flow and observed groundwater level shows that the base flow peaks are reasonably simulated and the decreasing limbs of hydrograph are mainly caused by base flows. It is concluded that TOPMODEL can be used effectively for simulating basin-averaged soil moisture variations in addition to river flow generations.

Conversion of Flood Level and Flood Frequency Analysis for Goan Station in Han River (한강 고안지점의 홍수위 환산과 홍수 빈도해석)

  • 이승재;서규우
    • Water for future
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    • v.28 no.5
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    • pp.191-203
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    • 1995
  • In this study, the past flood levels of Goan station, which is one of major gaging stations and located at downstream of Paldang dam, were converted based on the 1994's cross section and the flood quantiles were estimated from flood frequency analysis. The recently established rating curve was used to convert flood levels. And the parameters of the several probability distributions commonly used in hydrologic analysis were estimated based on the method of probability weighted moments and the goodness of fit tests were applied to those distributions. As a result, the gamma-2 and gamma-3 distributions were selected as the appropriate models. The flood lovels and quantiles for selected return periods were calculated based on those distributions. Furthermore, frequency analysis using historical flood information was performed to overcome the misleading caused by missing data.

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The Trend of Precedents about Calculation of Damage Compensation for Last Decade (손해배상액 산정에 관한 최근 10년간 판례의 동향 (상)(上))

  • Park, Young-Ho
    • 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.

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The Correlation between Groundwater Level and Moving Average of Precipitation in Nakdong River Watershed (낙동강유역의 지하수위와 강우이동평균의 상관관계)

  • Yang, Jeong-Seok;Ahn, Tae-Yeon
    • The Journal of Engineering Geology
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    • v.17 no.4
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    • pp.507-510
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    • 2007
  • The correlation between groundwater level(GWL) and the moving average of precipitation was analyzed based on the observation data in Nakdong river watershed. The precipitation data was compared and analyzed with the GWL data from adjacent observation point to the precipitation gauge station. The correlation between the moving average of precipitation with several averaging periods and GWL were analyzed and we could choose the averaging period that produces maximum correlation. A severe drawdown was observed from December to April. The maximum correlations between GWL and the moving average of precipitation were occurred from 20-day to 80-day averaging period.