• 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.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.49-79
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• 2021

Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

• Journal of Digital Convergence
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• v.17 no.3
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• pp.93-106
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• 2019

This study examined how four domains of corporate social responsibility (CSR) affect the trust and distrust of corporations and contribute to their reputation. In particular, this study examined the mediation role of trust and distrust between CSR domains and reputation. The results showed that ethical responsibility and philanthropic responsibility had influence on trust. Legal responsibility had a significant effect on the distrust. Companies that did not fulfill legal responsibilities were more likely to be distrusted. The influence of trust on corporate reputation was significant. The results of this study indicated that trust was a mediator between ethical responsibility, philanthropic responsibility, and reputation. Economic responsibility had a direct influence on reputation. Theoretical and practical implications for strategic approach in each CSR domain are discussed.

• The Korean Society of Law and Medicine
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• v.1 no.1
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• pp.289-310
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• 2000

• The Korean Journal of Financial Studies
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• v.4 no.1
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• pp.259-280
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• 1998

최근 제품으로 인한 각종 피해에 대해 피해자 구제의 견지에서 피해자가 간편하고도 용이하게 손해배상 청구를 할 수 있도록 피해입증부담을 경감하고, 제조업자를 포함한 제품공급자측에 보다 엄격한 책임을 물을 수 있도록 규정한 '제조물 책임(product liability: PL)'에 대한 법률이 필요하게 되었다. 본 논문에서는 PL과 보험간의 관계를 고찰하여 우리 나라의 최근동향 및 대응방안을 살펴보는데 그 목적을 두고 있다. 미국에서는 손해보험회사의 급격한 수익악화로 인하여 각 사가 일제히 기존의 보험계약 인수를 거절하여 보험요율과 보험료를 대폭적으로 인상하여 기업들이 배상책임보험을 부보할 수 없는, 소위 '보험위기'라는 상황을 경험하고 있다. 과거 두 번에 걸친 심각한 보험위기의 교훈으로 미국에서 세 번째의 보험위기의 발생유무는 제2차 보험 위기의 원인이었던 미국의 불법행위법 불법행위제도의 개혁여부에 달려 있다고 할 수 있다. 한편 우리 나라에서는 제조물에 대해 피해자 구제를 규율하는 PL법이 제정되어 있지 않다. 향후에 우리 나라가 PL법을 제정하여 실시할 경우에는 미국과 같은 혼란된 상태에 빠지는 문제가 발생하지 않도록 주의를 기울여야 할 것이다. 또한, 피해자 구제와 기업이 안전 제품의 생산에 자극을 줄 수 있도록, 조속한 시일 내에 우리나라에도 PL법을 제정해야 할 것으로 생각된다.

• Korean Journal of Construction Engineering and Management
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• v.19 no.6
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• pp.55-64
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• 2018

In spite of many previous studies conducted to prevent safety accidents at construction sites, the frequency of safety accidents has not decreased. And recently, a lot of research has been done to analyze the causes of the accidents resulting from the personal characteristics and behaviors of managers or workers, and eliminate them. However, despite these efforts, safety accidents occur consistently as managers and workers shift their responsibilities for the safety accidents onto someone other than themselves. Therefore, in order to prevent safety accidents, this study investigated the consciousness of shifting responsibility among managers and workers and analyzed the correlation between factors influencing the consciousness of shifting responsibility. In addition, it proposed the quantitative levels of the consciousness of shifting responsibility based on the survey of managers and workers. The results of this study demonstrated that managers tend to the shift responsibility onto workers, whereas workers the shift responsibility onto managers. It was additionally demonstrated that there is a correlation between the consciousness of shifting responsibility and the factors influencing it. The findings of this study are expected to improve the safety awareness among managers and workers and make contributions in the theoretical and practical aspects of construction safety management.

• Journal of Korean Society of Archives and Records Management
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• v.10 no.1
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• pp.55-76
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• 2010

This study focuses on resetting the direction of the universities' accountability introducing the notion of accountability which is a new paradigm in the setting of records management.. First, we analyze the notion and structure of accountability, and then demonstrate the need of accountability in the university. And we try to deduce factors for accountability through cases of foreign universities. Based on this, we analyze the present status of records management of domestic universities. Based on the results of analysis, this study suggests several proposals. First, university records need to be reset. Second, regulations related to tasks in the university should be improved. Third, the function of university archives should be strengthened. Forth, the process of university records management should be reset. Fifth, in order to settle down accountability of the university in a right way, proper systems and procedures to regulate it are necessary so that the university can perform accountability properly outside the university.

• Journal of Digital Convergence
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• v.9 no.5
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• pp.123-140
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• 2011

The purposes of this study are to verify if social responsibility activities of domestic companies and organizations who are widening the area of corporate social responsibility activities make a significant effect on the Labor-Management Relations of the company statistically and suggest political and strategic tasks the company must assume if the corporate social responsibility activities are to make positive and negative effects on organizational trust and Labor-Management Relations by members of the company. The results of the study can be summarized as follows. First, companies make a positive effect partially on the standard of employees' confidence for the organization through the corporate social responsibility activities. Second, corporate social responsibility activities have an effect partially on the Labor-Management Relations which are one of the variables influencing an organization's results. Third, the improvement of employees' organizational trust had a significant effect on Labor-Management Relations. Therefore, the results of this study verified the direct and indirect effects between organizational trust and Labor-Management Relations which are important factors of companies' social responsibility and organizational results which were not treated in the precedent studies.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.3-27
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• 2012

The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

• Journal of Broadcast Engineering
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• v.27 no.3
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• pp.402-414
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• 2022

Due to the convergence of broadcasting and telecommunication and the evolution into the media industry, viewers are adapting to the reception of content through various platforms and personal media. Accordingly, public broadcasting is seeking to change into public media that redefines public responsibility and establishes a role for a sustainable society. In particular, proving its value in the form of differentiated public services in an environment where public content is also provided by commercial services is necessary for members of society to prove the legitimacy of financial resources and services. In this paper, as the digital broadcasting era in the 2010s and the media industry was reorganized in 2020, changes in public services corresponding to the public responsibilities required of public broadcasters were analyzed through global public broadcasting cases. In particular, since the technical preparation of broadcasters and viewers is essential in the media environment, the technical direction of public services was mainly analyzed. The derived direction is a common direction applicable to all public broadcasters, including Korea. It is expected that the public responsibility and direction of technological development suggested in this paper will clarify the role of public media and help become differentiated services that contribute to life.