• Journal of Legislation Research
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• no.44
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• pp.103-153
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• 2013

This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

• Health Policy and Management
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• v.2 no.1
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• pp.80-114
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• 1992

Current compensation schemes for medical malpractice based on negligence is absolutely malfunctioning in Korea. Focussing on the reform of present tort systems for resolving medical malpractice disputes, this paper discusses the alternative models of the Social Relief Schemes for Medical Malpractice (SRSMM). Alternative models of SRSMM should fundamentally be based on either negligence or nofalult compensation principle. On the foundation of the previous relief principle, the SRSMM should be equupped with three major components-the preventio/reduction of the sharp increasing medical malpractice, the effective and efficient resolving process for malpractice disputes and the proper social financing scheme for compensation. The paper deals with pros and cons of the possible alternative models for reform centering on the three major components of the scheme. As conclusions, administrative arbitration machinaries and a compulsory fund for compensating the injured under the negligence principle are proposed to resolve the current problems Korea has faced.

• International Commerce and Information Review
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• v.17 no.2
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• pp.173-197
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• 2015

The development of IT expanded the scale of e-commerce, and grew large Internet shopping malls. As having raised the consumers' interest in overseas direct purchase(ODP) recently, the number and purchasing amount of ODP are constantly increasing. However, consumers need to pay attention to the potential problems which might happen by consumer's damage and conflict, as increasing the consumption through ODP. Because consumer's damages on utilizing ODP happen to the reason such as the trust problem between business and consumer due to the way which traded non face to face, non-compliance of goods delivery, returns, and refunds, and information asymmetry of items, a large number of consumer's damages in a wide range are much more likely to occur nowadays. The purpose of this study is to analyze the current state of ODP, and propose consumer damage's reduction and policy of the government through pre or post scheme for consumer damage's relief and consumer protection. As the compensation for consumer damages is actually inadequate, this study proposed a feasible alternative to the adoption of e-commerce insurance for both aggressive compensation and protection for consumer's damages and risk transfer and sustainable development of e-commerce.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.199-222
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• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2014.05a
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• pp.295-298
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• 2014

In recently, a climatic change(such as subtropical climate and frequent unusual high temperature) and the open-trade policies of agricultural & livestock products are increasing the outbreak risk of highly pathogenic avian influenza(HPAI) and foot and mouth disease(FMD), and accordingly the socio-economic damage and impacts are also increasing due to the cases such as damage from the last 5 times of FMD outbreak(3,800 billion won), from 10 years public control cost of Pine Wilt Disease (PWD)(238.3 billion won), and from the increased invasive pests of exotic plant like isoptera. Therefore, the establishment of new operation strategy of IoT(Internet of Things) based satellite early warning system(SEWS) for plants and animals as a subsystem of national disaster response and management system is being required, where the forensic technology & measures should be applied as a government policy to estimate the post compensation and to carry out the legal responsibility.

• Korean journal of applied entomology
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• v.18 no.2 s.39
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• pp.101-106
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• 1979

Present studies were carried out to get a basic information for biological control of soybean rod borer, Grapholitha glycinivorella Matsumura, causing main injury in soybean cultivation in Korea. 1474 native strains were cultivated in field to evaluate the pod borer damage. Pubescence density and color, maturity group, seed coat color, aphid and general leaf damage and seed damage by pod borer were investigated, and determined among their relationships. As another basic study for ecological control of insect, 6 leading varieties were planted on different planting date with 3 levels of plant spacing, on which pod borer damage and some related agronomic characters were studied. The results obtained one summarized as follows: Average injury of soybean pod borer was $5.2\%$ ranging $0-38\%$ in 1474 strains planted on 20 May. Non-significant correlations were found between pod borer damage and pubescence density and color, while pod borer damage closely related with maturity groupand aphid damage at $5\%$ level ofttests. Most severe damage was found in green seed coast color and maturity group V. Late and sparse plantings tend to have more damages to the pod borer than those of early and dense plantings. Pod setting date and period of pod maturing seemed related with pod borer damage. Bongeui and Chungbuk-baik cultivars were resistance to soybean pod borer, while Clark and Kumkang-daerip were susceptible in field tests.

• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.2
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• pp.104-110
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• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

• Journal of Soil and Groundwater Environment
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• v.10 no.6
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• pp.1-9
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• 2005

Soil is polluted by an agricultural chemicals, the effluence of a crystal and sewage sludge, illegal discharging of waste water or waste matter and so on. Soil pollution that accompanies a groundwater and the crops contamination has a large effect on people's living. By polluters pay principle, when a soil was polluted, polluters take the responsibility of clean-up and compensation for damages. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The concerned parties of purification liability in a soil pollution are polluter, an owner or occupant of a contaminated site, and a grantee. But when we do not appoint the polluter or he cannot do a cleanup, municipal must put in effect the purification. In such a case, another parties who are related to the contamination should take upon themselves a liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender.

• 한국방재학회:학술대회논문집
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• 2011.02a
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• pp.64-64
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• 2011

최근 전 세계적으로 구제역, 화산, 지진재해 등 장기적이고 광역적인 재해 재난의 심각성을 반영하는 듯 다양한 기술개발과 재난관리 적용성에 관한 연구가 전개되고 있다. 그 가운데 인공위성에 대한 가치와 활용에 대한 기대치가 높아짐에 따라 국내외로 신속한 재난대응 및 광역적 피해지역에 대한 조기분석 등에 관한 다양한 지원체계구축에 대한 연구가 심화되고 있다. 국내에서도 재해 재난에 대한 인공위성의 활용성 및 실무적 대안마련에 대한 검토가 시작되고 있으며, 특히 재해시 영상의 확보 및 분석과 의사결정지원 등 재난관리 프로세스에 대한 정부부처의 활용방안 마련에 대한 기대가 높아지고 있는 가운데 재난총괄기관인 소방방재청은 국립방재연구소에 방재영상분석팀을 신설하였다. 2010년 1월 HAITI 지진피해, 2010년 12월 삼척 산불모니터링, 2011년 1월 포항 폭설피해 등의 재해 재난 분석을 통해 의사결정지원체계를 구축하고 있다. 위성영상 분석기술은 국외기관과 비슷한 실정이나, 본질적으로는 영상촬영 및 수급문제 해소에 있다고 하겠다. 현재, 지구관측센터(KEOC) 및 한국항공우주연구원에서도 이와 같은 수급체계에 대한 문제의식을 공유하고 있다는 점은 재난관리업무 담당자로서 고무적이고 개선에 대한 희망이 밝다. 향후 본 연구를 기반으로 우리나라 재난관리업무에 있어 위성영상을 기반으로 하는 선제적이고 과학적인 재난관리기법이 개발되고 방재분야의 위성영상활용의 위상이 높게 제고 되었으면 한다. 이와 관련하여 본 논문에서는 현재 전 세계적으로 운영되고 있는 인공위성들을 대상으로, 시 공간 해상도별 분포도를 작성하여 인공위성의 특성을 살펴보았다. 특히, 한국항공우주연구원과 소방방재청에서 2010년 10월에 가입한 국제재해관리를 위한 위성영상활용 협력기구인 International Charter에서 재해 재난관련 위성영상 분석 및 현황을 조사하여 재난유형별 활용성을 검토하였다. 마지막으로 조사 분석된 내용을 토대로 위성영상을 통한 재난관리 분야에 적합한 업무 프로세스를 도출하였다. 또한, 재해발생지역에 대한 신속한 위성영상의 확보와 정량적 피해규모 파악에 따른 응급 복구지원이 가능한 대응전략에 대해서 검토하였다.

• Korean Journal of Clinical Pharmacy
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• v.18 no.1
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• pp.18-27
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• 2008

This study investigated social relief schemes for serious adverse drug reactions in foreign countries and deduced lessons and implications for Korea to implement the scheme. A social relief scheme for serious adverse drug reactions provides reliefs for diseases and such health effects as disabilities or deaths that were caused by adverse reactions to pharmaceuticals prescribed at hospitals and clinics as well as those purchased at pharmacies notwithstanding their proper use. The US and the UK do not have specific relief schemes for adverse drug reactions but apply rules of strict liability or negligence. New Zealand and Nordic countries provide no-fault compensation schemes for health effects or injuries caused by medical treatments or medicinal products. Japan and Taiwan have operated the schemes since 1980 and 2000, respectively. In designing the scheme in Korea, we suggested that cases eligible for relief be confined to serious adverse reactions such as death or disability and then extended to diseases. It is desirable to encourage the reporting system of adverse drug reactions and quality use of medicines for the relief scheme to work efficiently.