• 한국항공운항학회:학술대회논문집
• /
• 한국항공운항학회 2016년도 춘계학술대회
• /
• pp.89-94
• /
• 2016

This paper is to investigate how each cases(recurrent cases) is to be classified and what each parties should prepare to solve their cases by civil law system and so on. We could find the increased volume (or quantity) of transportation by air recently and have to worry about the sky-rocketed cases of unfulfilled navigation management(aviation service) proportionately inevitably. So we knew that some cases of disputes are solved by unreasonable demand, unilateral concession or irrational decision without any logical or legal criterion, because both sides(passenger and carrier) do not recognize the situation correctly and have any preparation for the legal settlement. Therefore we should prepare the classification work and comprehend about the legal effect(fulfillment retardation of duty, fulfillment impossibility of duty and imperfect fulfillment in our civil law system) of each cases. We can grasp the legal relationship with a carrier and a passengers by the legal analysis more efficiently and save (or help) energy and time of concerned parties.

• 근관절건강학회지
• /
• 제28권1호
• /
• pp.30-40
• /
• 2021

Purpose: This study aims to present nurses' legal conflicts and legal basis through the precedent analysis of a crime of professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the correct and high-level legal consciousness of nurses. Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses' professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed. Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3). Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.

• 수산해양교육연구
• /
• 제22권3호
• /
• pp.445-459
• /
• 2010

The purpose of this paper was to discern the nature of socially acceptable corporal punishment through legal analysis. To do this, the researcher attempted to clarify the concept of corporal punishment, to figure out the current legal position about corporal punishment, and to examine the court cases against corporal punishment. The results of the study were as follows: Firstly, corporal punishment is intentional physical or emotional aversive stimuli to students who violated the rules and norms, to reduce or fix specific undesirable behaviors, by the person who is in charge of discipline of students. Secondly, current regulations do not accept corporal punishment in principle. Thirdly, court cases did not admit the corporal punishment in principle, but did not charge legal liability if the corporal punishment was done in proper manner in view of education. However, the judicial precedents are getting more strict focusing on the human rights of students.

• 한국의류학회지
• /
• 제44권6호
• /
• pp.1120-1138
• /
• 2020

This study focused on the increasing fashion industry disputes that have resulted from the development of technology and industry. This study examines the improvement of domestic law, along with U.S. precedents that represents a larger fashion market and more legislative cases than Korea. Analyzing previous studies in Korea and the U.S. for theoretical background, it has uncovered limitations that apply to fashion design-related cases, rather than entire lawsuits involving various fashion industries. This study divided litigation into lawsuits involving products, human resources, and other lawsuits (such as incidents such as breach of contract, and portrait rights). Therefore, most lawsuits are related to products because of false socio-cultural perceptions about design imitation in the fashion industry. Lawsuits related to human resources are expected to arise due to the expansion of the Korean fashion industry and the expansion of overseas markets. Finally, new and unexpected conflicts will arise as the environment and social structure diversify. The importance of this study is that real case analysis can help reduce disputes because it can resolve legal instability due to the ambiguity of the interpretation of current law and suggest implications for dispute resolution.

• 한국환경복원기술학회지
• /
• 제7권1호
• /
• pp.85-96
• /
• 2004

The purpose of this study is to present the legal object in the related legislation taking the present condition of the domestic laws and the leading cases connected with ecological restoration materials and analyzing their properties according to the analytic standards which are legal class and ecological restoration material items, the present condition by the field of ecological restoration business, interrelationship between the law and the leading cases, comparison of the domestic laws with the foreign regulations. The results of this study are as follows; 1) Detailed enforcement regulation(36.5% of totals), enforcement regulation(32.4%) and law(31.1%) as legal class of the domestic legislation relating to ecological restoration materials are in the order of frequency that shows the little strong frequency at low-ranking class. By items, the number of legislation relating to planting material holds about majority, next to it, stone material, soil material and wood material are in the order of frequency. 2) By the field of ecological restoration business, legislation relating to administration forms the highest frequency(36.3% of totals), next to it, material properties(23.4%), plan design(13.0%) are in the order of frequency. 3) For the number of the leading cases by items of ecological restoration materials, those are, for the most part, them relating to planting material(93.8% of totals). The number of legislation relating to planting material forms the highest frequency at laws and the leading cases in common. 4) The domestic legislation connected with ecological restoration materials is mainly to be in legal class of the positive law, on the contrary, a foreign country has legislation widely consisted of laws, ordinances and other general regulations. Some foreign country legislated the topsoil conservation act, but not to domestic. The result of this study will be applied to legislature and court as reference materials, and to the public and public officer as a means of an understanding of ecological restoration materials.

• 한국정보시스템학회지:정보시스템연구
• /
• 제29권1호
• /
• pp.225-240
• /
• 2020

Purpose The purpose of this study is to identify features of Gapjil and platform tyranny through South Korea's Gapjil and platform tyranny cases and to suggest countermeasures to both kinds of cases and follow-up study subjects. Methodology/approach We examined South Korea's Gapjil and platform tyranny cases by using Big Data analytics. Then we made a close examination of the two typical cases, through which we compared features and countermeasures of Gapjil and those of platform tyranny. Findings Gapjil mostly occurred at conventional companies and franchise companies, between major and minor companies, or due to lack of owner's qualifications. The features of platform tyranny were excessively monopolistic structure of platform business, inadequate legal sanctions, and features of ICT companies. Establishment of legal bases for sanctions and education for platform participants were suggested as countermeasures.

• The Korean Journal of Legal Medicine
• /
• 제42권4호
• /
• pp.111-125
• /
• 2018

Statistical analysis was performed on national forensic autopsy data collected in the Republic of Korea, with the exception of Ulsan, during 2017. A total of 8,777 cases were categorized based on the region; information was provided by the Police Agency and the Coast Guard regarding sex, age, manner of death, and cause of death. Analysis of the manner of death revealed that 3,971 cases (45.2%) were unnatural deaths, 3,679 cases (41.9%) were natural deaths, and 1,127 cases (12.8%) were unknown deaths. Among the unnatural deaths, the majority of the cases (1,740 cases, 43.8%) were accidents, 1,316 cases (33.1%) were suicide, 385 cases (9.7%) were homicide, and 530 cases (13.3%) were undetermined deaths. Among the unnatural deaths, the majority of the cases (1,575 cases, 39.7%) were trauma, followed by 793 cases (20.0%) of poisoning and 689 cases (17.4%) of asphyxia. Falling down was the major cause of death by trauma (737 cases, 46.8%). As a result of the classification of asphyxia based on previous study, strangulation was the major cause, with 538 cases (78.1%). Among the natural deaths, heart disease was the major cause (1,790 cases, 48.7%), followed by vascular disease (697 cases, 18.9%).

• 한국환경복원기술학회지
• /
• 제12권5호
• /
• pp.133-144
• /
• 2009

This study intends to suggest the improvements for the legal systems related to the conservation of mountain ridge areas. The 4 legal systems directly related to the conservation of mountain ridge areas are reviewed and the current conditions of adaptive reuse of mountain areas and destroy cases in Hwasung are examined. For solving the problems on the basis of the analysis, three proposals for the improvement on legal systems are suggested. First, the integration of present dual legal systems related to adaptive reuse of mountain areas on the assumption that the related criteria and provisions should be amended, second, activation of the legal systems such as natural landscape district and natural landscape review to make up for the laws related to adaptive reuse of mountain areas, third, the enactment and application of the ordinances related with the 'mountain area management law'.

• Korean Journal of Mathematics
• /
• 제29권4호
• /
• pp.649-664
• /
• 2021

There have been numerous efforts to provide legal information to the general public easily. Most of the existing legal information services are based on keyword-oriented legal ontology. However, this keyword-oriented ontology construction has a sense of disparity from the relationship between the laws used together in actual cases. To solve this problem, it is necessary to study which laws are actually used together in various judicial precedents. However, this is difficult to implement with the existing methods used in computer science or law. In our study, we analyzed this by using topological data analysis, which has recently attracted attention very promisingly in the field of data analysis. In this paper, we applied the the Mapper algorithm, which is one of the topological data analysis techniques, to visualize the relationships that laws form organically in actual precedents.

• 한국중재학회지:중재연구
• /
• 제30권3호
• /
• pp.3-19
• /
• 2020

With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.