• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.281-313
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• 2013

A physician has to do his best for the better treatment of his patiensts. But, if a physician cannot remedy his patients because of the lack of hospital facilities, the lack of medical knowledge and etc., the physician must transfer his patients to another suitable hospital immediately. This is called the duty of interhospital transfer of patients. The necessity of interhospital transfer of patients is primarily ocurred in emergency medical care situations. The Supreme Court Decision 2010DO7070 delivered on April 29, 2010 is one of the important decisions related to the duty of interhospital transfer of patients. The Supreme Court ruled that there were the physician's medical malpractice and the causation between the physician's medical malpractice and the death of patient, as the physician has left the patient without due observations for 1 hour and 30 minutes after the caesarean operation inspite of mass bleeding during the operation, and has transferred the patient to another suitable hospital later. And the Supreme Court ruled that the transferring physician has to explain the situation of the patient in detail to the physician being transferred. I agree with the Supreme Court Decision. As decided by the Supreme Court, physicians will treat their patients more carefully and in case of necessity for transfer, physicians will transfer their patients with more caustion. However, the study for this issue should be continued hereafter because concrete standards are not given to lawers and physicians just by the Supreme Court Decisions itself.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.185-207
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• 2008

한국 기업과 프랑스 기업 간에 한국기업이 프랑스기업으로부터 의약품의 임상자료 등에 관한 비밀정보 (Confidential information)를 받아서 한국식품의약품안전청에 의약품 제조허 가를 받기 위해 활용하는 과정에서 체결한 비밀유지 계약 (Secrecy Agreement)의 위반행위 여부의 분쟁이 발생하였다. 이 분쟁은 비밀유지계약 내의 중재조항에 의거하여 프랑스기업에 의해 프랑스 파리 소재 국제중재 판정부 (ICC Court Arbitral Tribunal) 에 회부되었고 한국기업이 응소하여 중재판정부에서 분쟁 사실들에 관한 양 당사자 회사들의 전문가들의 증언, 준비 서면들을 검토하여 비밀유지계약 각각의 조문의 해석을 통해 중재판정이 내려졌다. 이 중재판정은 ‘외국중재판정의 승인 및 집행에 관한 뉴욕협약’에 의거하여 중재판정 집행지국인 우리나라의 법원에서 집행판결을 거치게 되었다. 이때 한국법원에서는 뉴욕협약상의 집행거부 사유들에 관한 판단을 한 후 프랑스기업의 일부 승소의 집행판결을 내렸다. 본 사례연구의 시사점을 보면, 중재조항에 의거한 ICC 중재판정부의 심사절차는 각 나라 고유의 판례나 규정보다는, 중재인들의 건전한 상식에 근거하여 중재판정이 내려졌다는 것이다. 우리나라 법원 역시 중재인의 건전한 상식에 근거를 둔 중재판정의 세부적 내용에 대하여 중재권한, 국제적 공공질서 상의 심각한 문제점이 존재하지 않은 점을 고려하여 일부분을 제외하고는 외국중재판정을 그대로 집행함을 인용하는 판결을 내렸다는 점이다. 따라서, 한국기업들이 국제분쟁에 대비하기 위해서는 중재판정이 내려진 후 집행단계에서 중재판정 내용을 바꾸려는 노력을 하기보다는, 중재 절차 진행단계에서 한국 기업에게 객관적으로 입증할 수 있는 유리한 증거들을 중점적으로 적극 활용하여 중재인들의 건전한 상식에 바탕을 둔 중재판정을 유리한 방향으로 내리도록 유도하는 것이 더욱 바람직한 것이다.

• Journal of the Korea Society of Computer and Information
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• v.15 no.12
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• pp.247-253
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• 2010

The demand that needs 'Digital Legacy', a notion that an Internet user can transfer his private blogs, e-mail and financial assets to inheritors and party interested when he died suddenly in the accident, has been growing recently. This issue has become a social hot potato since Justine Ellsworth's father in USA sued Yahoo for the right to access his son's Yahoo e-mail account after Justine Ellsworth had died in Iraq, in November, 2004 and the problems happened to deal with suicide-related blogs and homepages when great entertainers in Korea committed suicide and soldiers' parents in the situation of warship Chonan tragedy in Korea demanded access to soldiers' homepages and e-mail accounts. The point at issue focuses on the property matters about the digital information of the deceased and the relationship between the deceased and the Internet Service Provider(ISP). This research looks into the trend of judicial precedents and laws related to the digital information of the deceased and suggests the preliminary data of the next research.

• Journal of the Korea Society of Computer and Information
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• v.18 no.12
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• pp.167-177
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• 2013

Recently, desires for diversification of medical treatment throughout our society have been enhanced. It is thought that such a trend may be directly related to the introduction of 'alternative medicine'. This study is to establish the foundation of legalization of alternative medicine, starting with the movement for legalization of alternative medicine from constitutionality decision of medical law by the legal Information Constitutional Court. It also suggested the direction of discussion with issue of how to introduce alternative medicine beyond the stage of basic discussion, 'why' we must introduce alternative medicine, through profound investigation of preceding studies. In addition, the present study analyzed legal controversies from the appearance of alternative medicine based on the decisions of the Constitutional Court and the precedents of the Supreme Court and drew the prerequisites for the institutionalization of alternative medical treatments. It also reestablished terms of alternative medicine which have been indiscreetly used, presented methods for officialization of alternative medicine and compared and analyzed advantages and disadvantages of the methods.

• Journal of Convergence for Information Technology
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• v.11 no.1
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• pp.71-79
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• 2021

This study looked at the conflict between the aspect of the use of personally non-identifiable information for the development of the big data industry and the digital advertising industry and the aspect of personal information protection. In order to achieve the research purpose, this study focused on literature research such as thesis, legal texts, administrative regulations, and recent media articles. As a result of this study, the main issues related to the protection of personally non-Identifiable Information in digital behavioral advertising were 'conflict between freedom of advertising expression and personal rights', 'personalization of unidentifiable information', 'information imbalance'. In this regard, as measures to protect personally non-identifiable information in digital behavioral advertising, it was proposed to 'harmonize with freedom of advertising expression and personal rights, 'improve notification and consent. process', and 'reinforce the right to control personal information'.

• Journal of the Korea Institute of Building Construction
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• v.21 no.4
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• pp.257-268
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• 2021

This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

• Proceedings of the Korean Society of Computer Information Conference
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• 2016.07a
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• pp.147-150
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• 2016

우리 국민(國民)들의 사적(私的) 생활관계(生活關係)를 규율(規律)하는 가장 기본적(基本的)인 민법(民法)은 그동안 많은 학자(學者)와 실무가(實務家)들의 끊임없는 연구(硏究)와 판례(判例) 등(等)을 통(通)하여 상당(相當)한 발전(發展)을 거듭해 온 것이 사실(事實)이다. 그러나 민법(民法) 제정(制定) 당시(當時)와는 비교(比較)할 수 없을 정도(程度)로 많은 변화(變化)가 있었지만, 2008년(年) 개정(改正) 가족법(家族法)을 대폭(大幅) 수정(修正)하고 일반(一般) 규정(規定)은 특별(特別)한 수정(修正)이나 보완(補完)이 없이 현재(現在)에 이르고 있어 국민(國民)의 기본적(基本的)인 법률관계(法律關係)를 제대로 지원(支援) 규율(規律)하지 못하고 있는 것이 많은 문제점(問題點)으로 대두(擡頭)하고 있음은 부인(否認)할 수 없는 현실(現實)이다. 특(特)히 그 중(中)에서 쟁점(爭點) 사안(事案)마다 다양(多樣)한 논쟁(論爭)이 있던 소멸시효제도(消滅時效制度)는 1958년(年) 2월(月) 22일(日) 법률(法律) 제(第)471호(號)로 제정(制定)된 이후(以後) 몇 차례에 걸쳐 개정작업(改正作業)을 착수(着手)하였으나 국회의결(國會議決)을 통과(通過)하지 못하고 임기만료(任期滿了)로 폐기(廢棄)되었던 사례(事例)도 있었다. 하지만 계속적(繼續的)으로 미루는 것보다는 국제거래(國際去來)가 비약적(飛躍的)으로 증가(增加)하고 있는 현재(現在) 상황(狀況)을 고려(考慮)하고, 세계적(世界的)인 경제상황(經濟狀況)의 변화(變化)에 적절(適切)하게 대응(對應)하기 위(爲)하여 소멸시효체계(消滅時效體系)를 우리 현실(現實)에 맞게 제도적(制度的) 정비(整備)가 시급(時急)히 필요(必要)하다고 본다. 따라서 본(本) 논문(論文)에서는 민법(民法) 중(中)에서 매우 복잡(複雜)한 형태(形態)를 가지고 있고, 많은 문제점(問題點)을 안고 있는 소멸시효(消滅時效) 규정(規定)의 개정(改正)을 위하여 각국(各國)의 입법례(立法例)를 살펴본 후(後), 이를 토대(土臺)로 우리의 현행(現行) 민법(民法) 하(下)에서 국민(國民)의 법(法) 감정(感情)과 정서(情緖)에 맞는 가장 바람직한 입법방안(立法方案)을 제시(提示)하고자 한다.

• Journal of Korea Port Economic Association
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• v.29 no.4
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• pp.265-288
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• 2013

The purpose of the study aims to analyse the loss incurred by withdrawal of ship under time charter based on the English Law with the MT Kos case. In this case, it is agreed that if the charterers had begun to make arrangements for the discharge of their cargo as soon as they received the owner's notice of withdrawal, the vessel would have been detained at Angra doe Reis for one day. As it was, she was detained there for 2.64 days. The issue is whether the owners are entitled to be paid for the service of the vessel during that 2.62 days, and for bunkers consumed in the same period. Their claim is put forward on three bases: (1) under clause 13 of the charterparty ; (2) under an express or implied new contract made after the vessel was withdrawn, to pay for the time and bunkers; and (3) under the law of bailment. The judge held they were entitled to succeed on basis (3), but rejected every other basis which they put forward. The Court of Appeal rejected the claim on all three bases, except that they allowed the owners to recover the value of bunkers consumed in actually discharging the cargo.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• Journal of Internet Computing and Services
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• v.22 no.4
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• pp.123-134
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• 2021

This paper suggests that the Internet is not free through analysis of U.S. Internet history and lawsuits related to the Charter merger in 2016. Generally speaking, the players in internet connectivity market agree to Non-Disclosure Agreement, when connecting their facilities and networks each other. So, I adopted the case study & analysis as research methodologies due to limitation of collecting the transaction data between them. The former finds that Internet access has never been free in U.S Internet history. As we know, some including Content Providers(CPs) argue that the Internet is a free network and there are many cases to use the internet for free, so they came to conclusion that ISPs have no right to charge the users like CPs. This study refutes these arguments in two ways. One is that using the internet has never been free. From ARPANET, known as the beginning of the U.S. Internet, to the commercialization of backbone, no Internet has been considered or implemented for free since the early Internet network was devised. Also, the U.S government was paying subsidies or institutions were paying fees to secure network operations for the NSFNET backbone. the other is that "free peering" refers to barter transactions between ISPs, not to free access to counterpart internet networks. Second, this study analyze the FCC' executive order of conditioned merger approval and the court's related ruling and verify that using the internet is not free. According to the analysis, this study finds that it's real situation to make paid settlements between ISP-CPs (including OTTs) in the US Internet market at the moment. This study concludes that the Internet has never been free in terms of its technical characteristics, network structure, network operation, and system. Also it proposes how to improve the domestic settlement system between ISPs-CPs in terms of policy and regulation.