• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.153-185
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• 2020

In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

• Korean Security Journal
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• no.18
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• pp.119-141
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• 2009

Administrative execution by proxy is one of forced executions of administration and is also called as "enforced execution by proxy" in which administration institutions or the third party executes by proxy on behalf of parties who did not execute obligations under administration law and files claims to compensate expenses required in the proxy execution. Despite the actual site of administrative execution by law, social problems are generated because various violence and behaviors of infringement of human rights between executer and obligator are rampant and thus causing human damages since forced execution by physical force is carried out and cases of police indictments and petition to human rights committee are gradually increasing. Majority of people mobilized in this actual site of violence are supplied by private security companies which provide service contract and mobilization of people without qualification of guards or security service and irrational execution by proxy and violent actions by so-called service hooligans connected to violence organizations are now becoming social issues. In these actual sites of violence, structurally very complicated problems such as economic rights, right of residence, struggle for living, and intervention by outsiders are contained. This thesis has analyzed causes of outbreaks of violence and discussed about improvement countermeasure by paying attention to mobilization of people by private security companies. As the result, through revision and improvement of laws and systems, execution institution and policemen must be present at actual sites of execution by proxy to control physical execution of private security companies to be carried out legally and when violent collisions are occurring, it shall be stipulated that police should immediately intervene. Practices of execution by proxy of execution administration institutions shall be avoided and causes of occurrences of violence shall be eliminated by discrete decisions of execution by proxy, elimination of service contract conditions focused on accomplishments, and stipulation of responsibility of execution institutions when problems occur. Practices of solving petitions through collective actions of obligators shall be eliminated and strict enforcement of laws such as disturbance of official execution or compensation claims for expenses of execution by proxy must be carried out and intervention by the third parties must be intercepted. Mobilization of manpower by security companies shall be limited to people with prior registration who have acquired and finished qualification and education by security business law and before putting them on actual sites, it shall be obliged that execution plan with clear written records of working location, mission, and work rules must be submitted in advance to police station in charge and also they must be controlled to follow laws and statutes such as uniform and equipments. In addition, personal criminal responsibility for violent actions must be clearly stipulated and advanced securing soundness of security companies such as limits of service contracts with records of accidents is required. Order placement behaviors of special organizations under the pretext of rehabilitation business must be eradicated and companies with capability and strong intention of observation of laws must be able to receive orders by intercepting chains of contracts and sub-contracts. Issues of improvement countermeasure of social problem, living, and compensation including rights of residence and environment are excluded from the discussion.

• Journal of agriculture & life science
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• v.46 no.2
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• pp.179-190
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• 2012

This study was performed to obtain a heat saving effect and enhance the efficiency of a greenhouse by using a hot water piping in order to minimize the operating costs of a greenhouse as oil prices continue to rise. This method also reduces the likelihood of accidents caused by snowdrifts in regions with heavy snowfall. In general, the experimental plot was $2.0{\sim}6.0^{\circ}C$ higher than the control plot. When the skylight felt was opened, the minimum temperature was in the range of $3.0{\sim}12.0^{\circ}C$. Therefore, we judged that damage caused by snowdrifts may be prevented partly by active heating. The temperature difference inside of the greenhouse by height was insignificant. The maximum heating load of the greenhouse according to crop was respectively about $37,000kcal{\cdot}h^{-1}$ and $41,700kcal{\cdot}h^{-1}$. During the experiment, the heat value of each designed temperature in the range of the minimum ambient temperature $-11.9{\sim}4.0^{\circ}C$ was about 95,000~322,000 kcal and it was in the range of $6,050{\sim}20,900kcal{\cdot}h^{-1}$. If it is compared with the maximum heating load, it can be shown that about 15~56% of the heating energy can be supplied. The total heat value and the amount of power consumption were 2,629,025 kcal and 677.3 kWh respectively during the experiment. If it is heated with diesel, a fossil fuel, the consumption during the experiment was 291 L and the cost was 331,700won. Total cost of using electric power was about 24,400 won and it is shown that it is about 7.5% of the cost of diesel consumption. Also, if the total amount of power consumption is converted into energy, it is approximately 582,200 kcal and the energy was just about 22% of the total heat value.

• Korean Journal of Heritage: History & Science
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• v.50 no.2
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• pp.116-139
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• 2017

Naksansa Temple was famous for a miracle temple where Lee Haeng-ri(李行里), King Ikjo(翼祖), had prayed for offspring and soon begat King Dojo(度祖). According to the First King's Annals("太祖實錄"), King Dojo was the person who directly received prophecy of founding a Joseon. For these reasons, Naksansa Temple received attention concerning the foundation of Joseon. The birth story of King Dojo and his father's prayer at the Avalokitesvara Bodhisattva cave(觀音窟), Naksansa Temple, was well known among the noblemen and royal families until the Late Joseon period. Lee Seoung gye(李成桂) paid particular attention to the Naksansa Temple, and King Sejo(世祖) also made people rebuild the temple when he went for a royal tour in Gangwon-do. Naksansa Temple was built during the time when King Sejo made many temples in order to strengthen the royal authority. King Sejo made people extensively rebuild the temple, praying for health and longevity of King Yejong(his son). King Sejo's will of rebuilding the Naksansa Temple was very strong. The residents of the area had to pay a huge cost because the rebuilding of the Naksansa Temple was a big construction. Hak-yeol(學悅), who had a responsibility of rebuilding the Naksansa Temple, forcedly obtained supplies as he received protection from the royal family. Naksansa Temple thrived with the protection of the royal family after rebuilding. King Yejong and Seongjong gave Naksansa Temple slaves and fields(田地). He also bestowed upon the temple the salts which was the tribute paid by Gangwon-do. In order to protect the precincts of the Naksansa Temple, the government closed the Yang Yang Main Street near Naksansa Temple and built a new road. And the signs of preventing fishing(捕漁) was built along the coast of Naksan in four kilometers in order to keep people out. Although the Naksansa Temple declined in the late Joseon period, it still received support under the protection policy and maintained its reputation as an original Buddhist shrine.

• Korean Security Journal
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• no.18
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• pp.169-190
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• 2009

Today, the rapid advance of scientific technologies has brought about fundamental changes to the types and levels of terrorism while the war against the world more than one thousand small and big terrorists and crime organizations has already begun. A method highly likely to be employed by terrorist groups that are using 21st Century state of the art technology is cyber terrorism. In many instances, things that you could only imagine in reality could be made possible in the cyber space. An easy example would be to randomly alter a letter in the blood type of a terrorism subject in the health care data system, which could inflict harm to subjects and impact the overturning of the opponent's system or regime. The CIH Virus Crisis which occurred on April 26, 1999 had significant implications in various aspects. A virus program made of just a few lines by Taiwanese college students without any specific objective ended up spreading widely throughout the Internet, causing damage to 30,000 PCs in Korea and over 2 billion won in monetary damages in repairs and data recovery. Despite of such risks of cyber terrorism, a great number of Korean sites are employing loose security measures. In fact, there are many cases where a company with millions of subscribers has very slackened security systems. A nationwide preparation for cyber terrorism is called for. In this context, this research will analyze the current status of Korea's cyber security systems and its laws from a policy perspective, and move on to propose improvement strategies. This research suggests the following solutions. First, the National Cyber Security Management Act should be passed to have its effectiveness as the national cyber security management regulation. With the Act's establishment, a more efficient and proactive response to cyber security management will be made possible within a nationwide cyber security framework, and define its relationship with other related laws. The newly passed National Cyber Security Management Act will eliminate inefficiencies that are caused by functional redundancies dispersed across individual sectors in current legislation. Second, to ensure efficient nationwide cyber security management, national cyber security standards and models should be proposed; while at the same time a national cyber security management organizational structure should be established to implement national cyber security policies at each government-agencies and social-components. The National Cyber Security Center must serve as the comprehensive collection, analysis and processing point for national cyber crisis related information, oversee each government agency, and build collaborative relations with the private sector. Also, national and comprehensive response system in which both the private and public sectors participate should be set up, for advance detection and prevention of cyber crisis risks and for a consolidated and timely response using national resources in times of crisis.

• Strategy21
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• s.46
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• pp.239-276
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• 2020

The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.

• Journal of Korean Society of Forest Science
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• v.86 no.3
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• pp.334-341
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• 1997

Artificial precipitation test with sprinkler system was carried out to develop the collection method of arboreal larvae(proctotrupoid wasps) of pine needle gall midge for biological control in 1995. Effects of larvae falling on each amount of precipitation, season of precipitation and time of precipitation of a day following artificial precipitation were examined during the period of larvae falling season. The results obtained were summarized as follows; 1. Artificial precipitation with sprinkler system was highly effective for collection of pine needle gall midge larvae and the most suitable amount of precipitation was 5.3-9.4mm; application amount and hours of water were $8,000-16.000{\ell}$ and 180-360 minutes, respectively. 2. The most effective period of larvae collection for artificial precipitation was approximately 20 days, from early through mid November, and larvae falling was 93.4% of the total number of larvae collection during this period. 3. Larvae falling from the tree crown was not affected by the artificial precipitation for the precipitation hour intervals in a day. 4. The percentage of parasitism of collected larvae of pine needle gall midge in November exceeded that of December but was not significantly different between two seasons. 5. Artificial precipitation of sprinkler system was effective in reducing 34% of gall formation after one year at collected sites of pine needle gall midge larvae. 6. The collection method of larvae following artificial precipitation was effective in reducing the expenses by 14-50% than that of collection method of infested needles.

• Journal of Korean Society of Environmental Engineers
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• v.36 no.10
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• pp.719-723
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• 2014

For effective implementation of total maximum daily load (TMDL), this study presented the improving plans of non-point source pollution management including the classification of non-point source pollution, calculation of non-point source pollution load (generated, discharged), selection of non-point source pollution management regions and management of non-point source pollutant. First of all, the definition of point source pollution and non-point source pollution based on the legal and scientific viewpoint should be precisely classified and managed. Especially, the forest, grassland and river without occurrence of environmental damage by activity of business and human should be separately classified natural background pollutants. The unit for generated and discharged non-point source pollution should be preferentially changed according to actual condition of watershed. The calculation methods of generated and discharged non-point source pollution should be corrected consideration on the amount and duration of rainfall. While the TMDL is implemented, non-point source pollution management regions should be selected in the watersheds exceed the targeted water quality standards by the rainfall. The non-point source pollution management regions should be selected in the minimal regions where have high values of discharged non-point source pollution density in the urban area, farmland and site area except forest, grassland in the whole watershed. The non-point source pollutant treatment facilities, which take into consideration non-point source pollution load per unit area, duration of the excess concentration, realizable possibility of treatment, effectiveness of treatment cost versus point source pollutant, should be established in the regions with a large generated non-point source pollution load and a high concentration of water quality exceed the targeted water quality standards by the rainfall.

• Journal of Digital Convergence
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• v.15 no.12
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• pp.203-212
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• 2017

This research analyzed the factors that have the influences on the intentions to use the consumer dispute settlement system for the small- and medium-sized corporations. The consumer dispute settlement system is a general Internet information portal service which enables the small- and medium-sized corporations and the small businesses receive the support for the accurate damage handling method and the legal service through the Internet in their disputes with the black consumers or the consumers. With the small- and medium-sized corporation users who use the consumer dispute settlement system as the subjects, the research took a lot at what influences the consumer dispute settlement system has on the quality of the information, the quality of the system, the ease-of-use regarding which the environmental factors are perceived, and the ease that was perceived and, finally, what influences it has on the intention of the use. The accuracy, the convenience, and the costs of the consumer dispute settlement system had the positive influences on the ease-of-use that was perceived and the accuracy and the convenience, also had the positive influences on the usefulness that was perceived. Also, it was verified that the ease-of-use of the consumer dispute settlement system that was perceived and the usefulness of use of the consumer dispute settlement system that was perceived finally had the positive influence relationships with the intention of the use. It is highly expected that if, based on the results of this research, the quality of the consumer dispute settlement system is maintained and supplemented to fit the priority order, there will be the maintenance of, and the development toward, a system that is even more improved than the previously existent system.

• Korean Journal of Agricultural and Forest Meteorology
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• v.18 no.4
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• pp.199-207
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• 2016

This study was conducted to develop a forest fire occurrence model using meteorological characteristics for practical forecasting of forest fire danger rate by reflecting the climate change for the time period of 2000yrs. Forest fire in South Korea is highly influenced by humidity, wind speed, temperature, and precipitation. To effectively forecast forest fire occurrence, we developed a forest fire danger rating model using weather factors associated with forest fire in 2000yrs. Forest fire occurrence patterns were investigated statistically to develop a forest fire danger rating index using times series weather data sets collected from 76 meteorological observation centers. The data sets were used for 11 years from 2000 to 2010. Development of the national forest fire occurrence probability model used a logistic regression analysis with forest fire occurrence data and meteorological variables. Nine probability models for individual nine provinces including Jeju Island have been developed. The results of the statistical analysis show that the logistic models (p<0.05) strongly depends on the effective and relative humidity, temperature, wind speed, and rainfall. The results of verification showed that the probability of randomly selected fires ranges from 0.687 to 0.981, which represent a relatively high accuracy of the developed model. These findings may be beneficial to the policy makers in South Korea for the prevention of forest fires.