• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.3-35
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• 2013

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

• The Korean Journal of Archival Studies
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• no.18
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• pp.139-178
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• 2008

The functional requirements standards for electronic records management systems which have been published recently describe the specifications very precisely including not only core functions of records management but also the function of system management and optional modules. The fact that these functional requirements standards seem to be similar to each other in terms of the content of functions described in the standards is linked to the global standardization trends in the practical area of electronic records. In addition, these functional requirements standards which have been built upon with collaboration of archivists from many national archives, IT specialists, consultants and records management applications vendors result in not only obtaining high quality but also establishing the condition that the standards could be the certificate criteria easily. Though there might be a lot of different ways and approaches to benchmark the functional requirements standards developed from advanced electronic records management practice, this paper is showing the possibility and meaningful business cases of gaining useful practical ideas learned from imaging electronic records management practices related to the functional requirements standards. The business cases are explored central functions of records management and the intellectual control of the records such as classification scheme or disposal schedules. The first example is related to the classification scheme. Should the records classification be fixed at same number of level? Should a record item be filed only at the last node of classification scheme? The second example addresses a precise disposition schedule which is able to impose the event-driven chronological retention period to records and which could be operated using a inheritance concept between the parent nodes and child nodes in classification scheme. The third example shows the usage of the function which holds or freeze and release the records required to keep as evidence to comply with compliance like e-Discovery or the risk management of organizations under the premise that the records management should be the basis for the legal compliance. The last case shows some cases for bulk batch operation required if the records manager can use the ERMS as their useful tool. It is needed that the records managers are able to understand and interpret the specifications of functional requirements standards for ERMS in the practical view point, and to review the standards and extract required specifications for upgrading their own ERMS. The National Archives of Korea should provide various stakeholders with a sound basis for them to implement effective and efficient electronic records management practices through expanding the usage scope of the functional requirements standard for ERMS and making the common understanding about its implications.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.245-283
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• 2003

Since enactment of the Product Liability Act(PLA) on July 2002, Enterprises in Korea should be insured the Product Liability under the Act. Therefore they had to make a special team and organize it to match with the Act. However, some enterprises didn't follow and prepare the team for the dispute resolution. For example, in America, many enterprises had been attacked the PLA and in Japan, as well. but Korea is rare for the PLA. Thus, this is to research the PLA for protecting the disputes. Upon this study, 1 would like to suggest some issues and a revision of the PLA. Those are the purpose of my research. In this study, it consists of 5 chapters for achieving the purpose of the research. Introduction of this study is mentioned in Chapter 1, and Chapter 2 is for outline of the PLA in Korea. At Chapter 3, the cases are analyzed in the disputes of importers to address important things we have to check. After the analysis, resolution methods in general on import practices are suggested at Chapter 4. Also, this study is summarized at Chapter 5 including further research. In this research, 1 find out complex of Product Liability insurance and issues related with PLA. For protecting the issues and disputes; importers should prepare a agreement of arbitration during the preparation of contracts. Nothing can be better than prevention on any disputes, but they can be happened sometimes without any intentions or by mistake. Solving these issues, the resolution methods of this research are the most valuable. The mediation and the negotiation do not force any legal matters. So, the dispute through them does not have a positive resolution, and the effectiveness of them is very low. Due to the resolution of issues, arbitration is a desirable resolution. In Korea, most people do not know about the arbitration due to the lack of understanding of arbitration. Currently arbitration related with Product Liability has not been followed up promptly because procedures and judgement from a court take for a long time. In sum, in order to solve the disputes properly, they should be supported by the arbitration system to concrete essential objectives, so to speak, protection of the victim and the improvement of arbitration. In addition, the systematic arrangements would be required to carry out all the methods above mentioned. Those are for manufacturers, importers, and customers for the dispute resolution.

• Journal of the Korean Institute of Landscape Architecture
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• v.46 no.3
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• pp.103-116
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• 2018

The Park Act (1967~1980) was the first law to define urban parks in Korea. The urban parks of that time were similar to a reservation area used for other purposes after giving regulation. Because 'the urban park as a reservation area' in the past is a repeated park issue in the present, it is necessary to consider the issues of the original law system that created the cause. From this perspective, this study analyzed the legislation to reserve an urban park by collecting bills and information about the factual relationship between 1960 70s park issues and the Park Act. Analysis showed that the reason for the adoption of different kinds of urban parks in the law of a nature park is that a negative list separated from the Urban Planning Act is required to curb private usage. Inherent in the Park Act, however, was the problem of allowing the encroachment of urban parks by governmental power. (1) The Park Act sets out a wide range of cases to abolish urban park. (2) Unclear setting of governmental power could abuse the urban park. (3) Insufficient standards were able to erode the urban park with large for-profit facilities. (4) The inactivity of the Urban Public Park Committee had reduced democratic decision-making and professional judgement on park issues. Therefore, the Park Act was characterized as infringing on the environment and right to urban parks and took a passive attitude in creating parks and in citizen usage thereof. The Park Act had limitations as a progenitor for establishing the characteristics and concepts of urban parks.

• Journal of Trauma and Injury
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• v.22 no.1
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• pp.37-43
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• 2009

Purpose: A missed fracture is a very common occurrence in the Emergency Department (ED) and can have serious results because of delays in treatment, resulting in long-term disability. It is also one of the most common causes leading to medical legal issues. We analyzed the causes of missed fractures by using a bone scan which is known to be an effective tool for diagnosing bony lesions. Methods: We reviewed the medical records of trauma patients who underwent a bone scan after being discharged the ED from September 2006 to March 2008. Cases of missed fractures were identified by using electronic medical records to review each diagnosis. Definition of missed fracture was read after bone scan by radiologist. We decided that there was no fracture if we read 'trauma-related lesion' or 'cannot rule out fracture' on a bone scan read by a radiologist. Enrolled patients were analyzed by age, sex, time until bone scan and Injury Severity Score (ISS). Patients were divided into two groups, alert mentality and not-alert mentality, so there were split between a diagnosis group and a missed fracture group. ISS was also used in determining the severity of the patient's injury upon discharge from the ED. Results: A total of 532 patients were enrolled in this study. Of those, 487 patients were in the diagnosis group, and 45 patients (8.4%) were discovered to have had a fracture. Of the 45 missed fracture patients, 34 patients (6.4%) had one-site fractures, 8 patients (1.5%) had two-site fractures, and 3 patients (0.6%) had three-site fractures. The most commonly missed fracture was multiple rib fractures (18 patients, 30.5%), followed by lumbosacral (LS) spine fractures (10 patients, 16.9%), thoracic spine fractures (8 patients, 13.6%), and clavicle fractures (6 patients, 10.2%). Mean age was $50.12{\pm}18.54$ years in the diagnosis group and $57.38{\pm}16.88$ years in the missed fracture group. For the diagnosis group, the mean ISS was $9.03{\pm}8.26$, but in the missed fracture group it was $17.53{\pm}9.69$. Missed fractures were much more frequent in the not-alert mentality (p<0.01) and in the high (ISS$ ISS{\geq}16$) group (p<0.01). Conclusion: Missed fractures occur most frequent in patients of old age, not-alert mentality, and high ISS. Multiple rib and spine fractures were found to be the most frequent missed fractures, regardless of trauma severity. This study also shows a high possibility of clavicle and scapula fractures in patients with severe trauma.

• Journal of Digital Convergence
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• v.15 no.11
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• pp.23-35
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• 2017

Since the beginning of 2002, KONEPS(Korea ON-line E-Procurement System) which is known with GePS(Government e-Procurement Service), has become a significant role in Korea public procurement service. This paper focuses on the amendments of the related laws and the practical improvement of inconveniences and inefficiencies in user's' position during the use of KONEPS. We analyzed the case of government procurement by major countries, the detailed process and function of KONEPS, and confirmed the revised procurement laws since the commencement of KONEPS. When a user of KONEPS makes an online purchase at the g2b shopping mall to purchase procurement goods, we analyzed focused on the inconvenience of option selection, user feedback after purchasing, unification of the purchase procedure, compared with general online shopping purchase. This paper suggests practical ways to improve the inconveniences and inefficiencies that arise in the process of procurement and use from KONEPS. It is necessary to study on the construction contracts and the empirical studies based on the questionnaire on the functions of procurement law and research model for the cases used in this study in the future.

• Journal of the Korean Society of Safety
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• v.32 no.5
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• pp.168-178
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• 2017

In order to prevent major and chemical accidents, some of the plants which would like to install and operate hazard chemicals handling facilities must submit Off-site Consequence Analysis due to recent arisen leak accidents since 2015. A lot of chemical industrials choose gas detectors as mitigation equipment to early detect gas vapor. The way of placement of gas detectors has two methods; Code-based Design(CBD) and Performance-based Design. The CBD has principles for gas detectors to be installed with consideration for the place that is expected to accumulate gas, and the leak locations according to legal standards and technical guidelines, and has a possibility to be unable to detect by these rules to locate gas detectors by vapor density information. The PBD has two methods; a Geographic Method and Scenario based Method. The Scenario-based Method has been suggested to make up for the Geographic Coverage Method. This Scenario-based Method draw the best optimum placement of gas detectors by considering leak locations, leak speed information, leak directions and etc. However, the domestic placement guidelines just refers to the CBD. Therefore, this study is to compare existing placement location of gas detectors by the domestic CBD with placement locations, coverages and the number of gas detectors in accordance with the Scenario-based Method. Also this study has measures for early detecting interest of Vapor Cloud and suitable placement of gas detectors to prevent chemical accidents. The Phast software was selected to simulate vapor cloud dispersion to predict the consequence. There are two cases; an accident hole size of leak(8 mm) from API which is the highst accident hole size less than 24.5 mm, and a normal leak hole size from KOSHA Guide (1.8 mm). Detect3D was also selected to locate gas detectors efficiently and compare CBD results and PBD results. Currently, domestic methods of gas detectors do not consider any risk, but just depend on domestic code methods which lead to placement of gas detectors not to make personnels recognize tolerable or intolerable risks. The results of the Scenario-based Method, however, analyze the leak estimated range by simulating leak dispersion, and then it is able to tell tolerable risks. Thus it is considered that individuals will be able to place gas detectors reasonably by making objectives and roles flexibly according to situations in a specific plant.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.7 no.3
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• pp.31-41
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• 2017

Through the evolutionary process of the North Korean defector support policies, this research investigates the background behind the formation of non-profit organizations for the North Korean defectors and to identify and understand the problem through their characteristics and functions. Starting from 1990, with an increase in the North Korean Defectors' population as well as the introduction of multicultural society, various environmental factors, such as the domestic socio-environmental changes, resulted an increase in number of private organizations. However, not to mention the size and functions of the organizations, some do not even have required legal organizational structures in place. Their business activities, in some cases, are irrelevant to the original purpose and objectives. Moreover, the fact that 83% of the North Korean Defectors Organizations are based in Seoul while 25.5% of the North Korean Defector residing in Seoul, inevitably make the reputation of the organizations to be illegal and dishonest due to the excessive level of competitions among the similar types of organizations. In reality, the organizations show lack of growth in the areas such as securing necessary employments to the Defectors or providing educations to the youth, who will eventually become the future leaders, in building the awareness capacity toward the unification. These results show that, in conducting their activities, the organizations must be aware of the rights and responsibilities as the constituents of the society, plus the government's practical efforts in improving these issues are also necessary.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.8
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• pp.433-440
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• 2018

As government research and development projects become more important, such as the creation of future-oriented growth engines and expansion of budgets, the future vision of R&D is presented through paradigm shifts such as efficiency, investment direction and strategy. On the other hand, research and interest in sanctions are poor, and this paper examines legal grounds, comparative analysis of laws, and cases outside the country, draws implications for domestic applications, have. In addition, we will contribute to the prevention of damages caused by neglect, or the transparency of the execution of research funds. This study was conducted by comparing the characteristics of government R&D and sanctions with the sanctions for the top three R&D investment related SMEs. In Korea, starting with the introduction of sanctions in 2001, the moral hazard of research and development has been prevented through the cumulative violation of aggravation, expansion of the period of restriction of participation, and the introduction of a strikeout system. Nevertheless, fraudulent use of business expenses is constantly being detected. In order to ensure maximum autonomy and stronger responsibility than strong institutions, the willingness of the researchers to execute transparent business expenses, the moral approach to public resources, Precedence of recognition conversion is important.