• Title/Summary/Keyword: 책임표시

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The Requirement and Effect of the Document of Carriage in Respect of the International Carriage of Cargo by Air (국제항공화물운송에 관한 운송증서의 요건 및 효력)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.67-92
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    • 2008
  • The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

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Neurotechnologies and civil law issues (뇌신경과학 연구 및 기술에 대한 민사법적 대응)

  • SooJeong Kim
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.147-196
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    • 2023
  • Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

Clothing Purchase Behavior of Adolescents by the Consumer Awareness (청소년의 소비자 의식과 의복구매행동)

  • 김종희;조현주
    • Journal of Korean Home Economics Education Association
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    • v.15 no.2
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    • pp.67-78
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    • 2003
  • To investigate the consumer awareness and clothing purchase behavior of adolescents, questionnaire was administered to 639 middle and high school students in Daegu. The results were as follows. 1. The consumer awareness of adolescents was analyzed to 4 factors. consciousness of right. consumer information, brand-orientedness and responsibility. Respondents were clustered into three groups : utility-oriented group, brand-oriented group, and consumerism-oriented group. 2. Respondents bought their clothes at specialty stores primarily. They used ´products´, ´family's or friends advices´, and ´purchase experiences´ as information sources. The important criteria for selecting clothes were ´design´, ´price´, and ´suitability´ for oneself. Dissatisfactions after purchasing clothes were with ´price´, ´service´, ´sewing´, and ´size´. The complaining behaviors which respondents did mainly were ´telling friends about dissatisfaction with their purchased clothes´, ´asking for change dissatisfying products or asking for refund´ and ´asking for mending´. 3. Information sources were categorized into 3 factors: ´neutral information source´, ´personal information source´ and ´commercial information source´. Criteria for selecting clothes were factor-analyzed into ´harmony´, ´fashion´ and ´management of clothes´. ´The factors of dissatisfactions with purchased clothes were ´appearance´, ´quality´ and ´service´. 4. The differences by the consumer awareness in clothing purchase behaviors among consumer groups : In information sources. criteria for selecting clothes, complaining behaviors. purchasing places. three consumer groups were different significantly.

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Specialty Hospital and Keyword Searching Ads Regulation (전문병원과 키워드검색광고 규제)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.103-141
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    • 2017
  • The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

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A Study on the Comparative Analysis of the Description Rules of ISBD and KCR4 (ISBD 통합판과 KCR4 기술규칙 비교 연구)

  • Lee, Mihwa
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.24 no.2
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    • pp.185-203
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    • 2013
  • This study was to suggest the new rules for revision of KCR4 by comparing between ISBD consolidated edition and KCR4. The study methods was to compare the rules in each element after mapping the description elements in each area of ISBD and KCR4. Resultingly, first, content forms and media types must be included for describing resource types. Second, it is needed for rules about the common title and the dependent title. Third, it is needed for rules about "parallel" such as parallel title, parallel other title information, parallel statement of responsibility relating to title, parallel edition statement, parallel statement of responsibility relating to edition, parallel numbering system, parallel place of publication, production and distribution, et. al. Fourth, the rules about material or type of resource specific area must be regulated in terms of the contents of the resource. Fifth, the home country principle must be not applied in describing the place of publication, production and distribution for the consistency. Sixth, it is needed to regulate the extent, other physical details, dimensions, and accompanying material statement for all materials instead of the material description according to material types. Seventh, rule number of notes must be agreed to number of main rules. Eighth, it is needed for detailed rules about resource identifier. This study might be contributed to revise the KCR4.

A Study on the Improvement Plan of 245 Field in KORMARC (KORMARC 245필드 입력형식의 문제점과 개선 방안 - MARC 21의 입력설계 원칙에 근거하여 -)

  • Lee, Kyung-Ho
    • Journal of Korean Library and Information Science Society
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    • v.40 no.1
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    • pp.181-207
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    • 2009
  • The Korean Library Association has developed the Korean Cataloging Rules, fourth edition(KCR4) in 2003 and the National Library of Korea developed integrated version of KORMARC formats in 2006 on the basis of KCR4. Many educational institutions and libraries are currently cataloging based on KORMARC. Nevertheless, we have encountered many problems on KCR4 and KORMARC formats which needed to be modified. This study is aimed at pointing out the problems of KCR4 in describing 245 field which has a crucial and important role. Therefore, this study proposes the improvement methods of the use of parenthesis and subfield code in 245 field, and presents a description format of volume number, statement of responsibility and joint works including more than four persons.

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Three Sides of Korean Genetically Modified Food Controversies: Global Standards, Right-to-know and Counter-experts (유전자변형식품에 관한 세 가지 논의: 국제기준, 알권리, 대항 전문성)

  • Kim, Hyo-Min;Yeo, Jae-Ryong;Yoo, Soo-Hyung
    • Journal of Science and Technology Studies
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    • v.11 no.2
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    • pp.31-66
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    • 2011
  • The main issue in Korean debates over genetically modified (GM) foods have been government's responsibility to guarantee consumers' right-to-know and make informed choice. Counter-experts' critique over the current regulatory processes based upon substantial equivalence have not been widely publicized. Through interviews and textual analysis, this paper explored three groups' performances in Korean GM food controversies-regulatory scientists, civil society organizations, and counter-experts. Analytic focus was made upon how each of the groups interact with current GM food regulations. While making conflicts with regulatory scientists and their 'discourse of compliance with global standards,' counter-experts were excluded from regulatory processes. This article suggests that the processes and contexts in which counter-experts failed to form strong alliance with other groups need to be examined in order to further understand the specific contours of Korean GM food controversies.

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Research on Consumer Protection of Carrier Billing Services (통신과금서비스 소비자 보호 방안 연구)

  • Yoo, Soon-Duck;Kim, Jong-Ihl
    • Journal of Digital Convergence
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    • v.13 no.3
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    • pp.1-10
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    • 2015
  • Carrier billing services market is growing according to the technical development. This study investigated the limiting factor in carrier billing services and suggested the improvement factor for it using the Delphi Method. The amount money to use in carrier billing charges should be provided in their credit based and the accumulated payment using a text message is displayed and also telecommunications carriers and carrier billing firms are the least responsible for consumer harm. It also provides administrative responsibility for communications carriers and billing services company for non recognition and payment. The service provider to prove negligence not proven by consumer and telecommunications billing service delinquency rate is applied at a rate such as a credit card and it also should integrate retail payment and service fee. This study will contribute to the communication billing services market growth through improved communication billing service. Further research is needed to continue the study of the factors that emerged from communication and billing services due to emerging technologies and services.

Construction of BIBFRAME-Based Bibliographic Data Linkage Structure for Multicultural Institutions (BIBFRAME 기반 복합문화기관 서지데이터 연계 구조 구축)

  • Yim, Suin;Lee, Seungmin
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.32 no.3
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    • pp.23-44
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    • 2021
  • This research proposed an approach for interlinking bibliographic data used in the existing multicultural institutions in order to support information services of multicultural institutions. It constructed a set of linkage properties that can link the FRBR-based BIBFRAME structure with the existing metadata standards currently adopted in multicultural institutions, including MODS, EAD, and CDWA. As a result, the descriptive elements for the Work level, Instance level, Item level, statement of responsibility, subjects were established in the BIBFRAME syntax. A total of 19 upper level elements, 18 sub-elements, and 12 linkage properties were proposed for the linking of bibliographic data, so that a bibliographic environment was established that can interconnect heterogeneous metadata adopted depending on the types of collections. Through the proposed structure, it is expected that it can be applied to provide sufficient information services more efficiently by linking the dispersed bibliographic data of multicultural institutions in an integrated way.

Frame Analysis of Corona-19 News on Korean Public Broadcasting System: Focused on KBS (한국 공영방송의 '코로나19' 관련 보도의 프레임 분석: KBS <뉴스 9>를 중심으로)

  • Pyo, Siyoung
    • The Journal of the Korea Contents Association
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    • v.20 no.12
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    • pp.112-122
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    • 2020
  • This study analyzed how KBS's 'Type and Format', 'Professionalism' and 'Infectious Disease-related Issues' appear in the media news related to Corona-19 under the three periods of 'discovery', 'diffusion' and 'recovery'. According to an analysis of a total of 473 media news, In all three periods, 'Straight Report' and 'Information Delivery Frame' were high to inform the truth of the infectious disease. In addition, the 'transmission of facts' frame was more used than the emotional transmission in reporting the risk situation. However, the proportion of 'moral evaluation frames' in the second phase was relatively high, and the proportion of non-professional journalists was still overwhelmingly higher than professional journalists. Meanwhile, infectious disease-related issues had the most content on 'infection control', and relatively little information on how to deal with them. Based on the above findings, this study suggested the implications of 'Increased in-depth and professional press coverage', 'Refrain from moral evaluation frames' and 'a comprehensive presentation of various infectious disease-related information'.