• Health Policy and Management
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• v.1 no.1
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• pp.72-94
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• 1991

The number of disputes between physicians and patients caused by medical malpractice are showing a sharp increasing over the past several years. The disputes on medical malpractice may be resolved either in court or by direct negotiation between both sides concerned. There are no special acts relating to the civil or penal liability of the physicians in Korea. The medical disputes are decided merely through legal technicalities and without reference to actual medical practice. The current system which does not compensate injured patients adequately or equitably leads to taking a long time consuming for dispute resolution processes. The things make worsed, the problem is due to not being of insurance system or a proper funds for compensation. This research proposes a outline of new and comprehensive alternative for these problems and failure of conventional resolution of medical disputes. So far, we have learned lessons from the excperiencies of resolving medical malpractice disputes of Japan and the United States. The proposal first calls for an administrative arbitration and pretrial screening panels as a condition precedent to trial. The proposal also includes to facilitate with the funds for compensating the injured.

• International Commerce and Information Review
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• v.14 no.3
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• pp.453-479
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• 2012

The increase in international trade is clearly reflected by litigation and arbitration. Despite the importance of international commercial transaction, until very recently little was known about how the law interacts with actual practice. The CISG obviously plays an important role, but we are concerned with using choice of law to resolve issue that the CISG leaves unresolved. The case law UPICC is now accessible by means of UNILEX, the database on international case law that focus on CISG cases. The courts and arbitration tribunals throughout the world are developing a growing body of international case law on issues not resolved by the CISG, though arising from transactions to which the CISG applies. The application of the CISG is obligatory due to its nature as hard law an international convention. However, UPICC are only restatements and more flexibility, comprehensive instrument than CISG. This article offers to promote the UPICC application from their present status as a mere soft law instrument through analysing UNILEX cases.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.71-91
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• 2002

The purpose of this paper is to examine the viewpoints of the different legal systems for the validity of LD Clause and the possibility of gap-filling function of UNIDROIT Principles in International Sales Contract. The results of comparative study between common law system and civil law system, and between CISG and UNCDROIT Principles is as follows: First, common law system distinguishes LD Clause and Penalty Clause, but civil law system including Korean law does not strictly distinguish the difference between them, provided that the liquidated damages are not grossly excessive. Second, CISG does not concerned with the validity of LD Clause but entrust this matter to the law applicable by virtue of the rules of private international law; conversely the Principles follow similar position of civil law system. The possibility of gap-filling of the Principles is more positive in the case of arbitration than in the case of litigation. On the basis of above study, I also checked the LD Clauses of ICC Model International Sales and the Model Contracts of Korean Commercial Arbitration Board. The LD Clauses of there two Model Contract seem very appropriate and reasonable for the reference in practical application. The appropriate, not excessive, LD Clause will contribute not only to eliminate the burden of proof for the actual damages, but also to enforce both parties to perform their obligations in their contracts. Therefore, When we make contract, we should keep in our mind to insert the reasonable and appropriate LD Clause in the sales contract. If not, so to speak, litigated damages are grossly excessive, the Clause may be invalid in some legal system.

• Korea Trade Review
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• v.44 no.2
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• pp.95-107
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• 2019

The ICSID arbitral tribunal shall determine the suitability of investors in accordance with the Article 25 of the ICSID convention and the investment or investor's provisions under the BIT. The eligibility of investors has an important role in establishing jurisdiction under international investment disputes. Therefore, this study draws implications on issues related to investor qualification, focusing on ICSID arbitration. The investor's nationality shall be taken into consideration in determining whether the investor is eligible. The criteria for determining the nationality of a corporate investor include the place of incorporation, main business location, and substantial ownership or control. The criterion of the place of incorporation that is used in a number of BIT have the problem of protecting investors from third countries not involved in the BIT. So, in recent years it is stipulated that the actual economic activity or the main business location as well as the place of incorporation criteria. And this problem is complemented by the denial of benefit clause. When determining whether a local corporation is controlled by foreigner in the host state it considers the shareholding rate, voting rights, and the exercise of managerial rights. There is a tendency to recognize shareholder's right to petition. Thus the same damage should not cause problems such as duplicate repayment or double reimbursement between the shareholders and the company. Unexpected problems can arise if the scope of investments and investors is broadly specified in the BIT. Therefore, it is necessary to clarify the scope of investment to be protected.

• Journal of the Korean Society of Safety
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• v.32 no.5
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• pp.1-7
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• 2017

Forensic Engineering is the art and science of professionals qualified to serve as engineering experts in courts of law or in arbitration proceedings. Buses using compressed natural gas (CNG) trend to be extended in use internationally as optimal counterplan for reducing discharge gas of light oil due to high concern about environment. However, CNG buses is equipped with composite pressure vessels (CPVs); since the CPVs contain compressed natural gas, the risks in the case of accident is very high. In this study, the bursting test for the pressure vessel depending on the heat treatment conditions of the vessel in which the actual ruptured accident occurred, after the bursting test, the fracture pattern analysis had performed. The mechanical materials properties test using Instrumented Indentation Test had performed to confirm the mechanical properties for each heat treatment cases. Also, the fractography analysis and metallographic analysis had performed to find out the difference of each heat treatment case. By comparing normal vessel with abnormal vessel which have defect of heat treatment conditions in term of the bursting patterns and characteristics of containers using various forensic engineering methods, especially, it is possible to understand how important the heat treatment process is in the high pressure vessel unlike any product.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.8
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• pp.615-623
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• 2016

This study was conducted to identify differences between qualities of health related to quality of life according to the general characteristics of ankylosing spondylitis patients. Overall, 275 patients who were older than 19 years, drug-maintained for over 4 weeks from Jan 13th to Feb 12th and diagnosed as ankylosing spondylitis at C university hospital participated in this study. Collected data were analyzed through descriptive statistics, t-tests, ANOVA, Scheffe's-test and multiple regression. The results of the present study revealed that Age (p=.008), Job (p<0.001), Number of comorbidity (p<0.001), Surgery for Ankylosing Spondylitis (p=0.002), Disease duration after onset symptom (p=0.010), Disease duration after diagnosis (p=0.027), Alcohol drinking (p=0.002) and Erythrocyte sedimentation rate (p=0.049) were meaningful factors to the quality of health-related life for ankylosing spondylitis patients, and multiple regression analysis showed that level of education, income, comorbidity and alcohol consumption was a significant variable. In conclusion, the results of this study indicated that, to improve quality of life, arbitration programs for improving general characteristics and considering demographic social characteristics and clinical features need to be provided. Therefore, it is expected that the results of this study would be used as actual grounds to develop integrated arbitration programs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.19-45
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• 2009

The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.5
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• pp.1609-1623
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• 2014

A number of studies have been conducted recently regarding the development of automation systems for the construction sector. Much of this attention has focused on earthwork because it is highly dependent on construction machines and is regarded as being basic for the construction of buildings and civil works. For example, technologies are being developed in order to enable earthwork planning based on construction site models that are constructed by automatic systems and to enable construction equipment to perform the work based on the plan and the environment. There are many problems that need to be solved in order to enable the use of automatic earthwork systems in construction sites. For example, technologies are needed for enabling collaborations between similar and different kinds of construction equipment. This study aims to develop a construction system that imitates collaborative systems and decision-making methods that are used by humans. The proposed system relies on the multi-agent concept from the field of artificial intelligence. In order to develop a multi-agent-based system, configurations and functions are proposed for the agents and a framework for collaboration and arbitration between agents is presented. Furthermore, methods are introduced for preventing duplicate work and minimizing interference effects during the collaboration process. Methods are also presented for performing advance planning for the excavators and compactors that are involved in the construction. The current study suggests a theoretical framework and evaluates the results using virtual simulations. However, in the future, an empirical study will be conducted in order to apply these concepts to actual construction sites through the development of a physical system.

• Korean Journal of Childcare and Education
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• v.11 no.2
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• pp.331-354
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• 2015

This study attempts to reveal the difficulties of teachers during the process of infant's early adaptation in the day care center and realize the thought and demand of teachers. And the purpose of this study is to make a desirable development in infant's early adaptation. The participants of the study were 9 infants all 1 year of age, their 7 parents, and 8 teachers of S public child day care center in P city. The 8 teachers were interviewed several times. The results of the study can be summarized as follows. First, the teachers' difficulties in their relationships with the parents are 1) egotism focusing on only their own child, 2) distrust between the teachers and parents, 3) a lack of understanding in the role as parents at early adaption programs, 4) and a lack of understanding in the management of the day care center. Second, in their relationships with the infants, the teachers'difficulties are 1) the uncontrollable behaviors of infants, 2) the arbitration of struggle between children, 3) and the inequality between enrolled and fresh infants. Third, in their relationships with the teachers, the difficulties are 1) co-work with other teachers 2) and conversation with the director of the day care center. This study is expected to give actual help to understand the difficulties of teachers who experience difficulties in the early infant adaptation process and to provide important preliminary data to plan specific management which assist with the difficulties of teachers.