• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.263-302
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• 2014

The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

• Journal of Navigation and Port Research
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• v.36 no.5
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• pp.329-338
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• 2012

The Institute Time Clauses-Hulls 1/10/83 has been using widely with attachment and/or endorsement of the Institute Warranties 1/7/76 stipulating vessel's trading limits. Taking into consideration of several changes and renewals on the contents of the Institute Time Clauses-Hulls for clarifying the clauses themselves with development on technology of vessel's construction and navigational equipments up to the present, the clauses on the Institute Warranties 1/7/76 should have been changed and/or renewed. Moreover, the insured still has been burdening additional premium in vessel's navigating and / or calling to the areas stipulated in the Institute Warranties 1/7/76 regardless of any changes of marine business environments. Thus, this study aims to analyze the Institute Warranties 1/7/76 as well as to suggest a reasonable level of additional premium for breach of Institute warranties through not only a comparative analysis between the Institute Warranties clauses and those of the corresponding Institute Warranties using in the Japanese Fire and Marine Insurance companies but also consideration of current circumstances on changes in climatic conditions, vessel design, navigation and communication requirements and capabilities.

• Journal of Korea Water Resources Association
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• v.39 no.5 s.166
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• pp.383-394
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• 2006

This study is for the inundation damage analysis caused by levee break, and for the applicability of GIS tool to make inundation map in the Jungrang stream basin which is one of the representative urbanized area in Korea. The FLDWAV was applied to the actual flood in 1998 to calibrate the parameters, and was used under the flood conditions of 100, 200 years and PMF for the analysis of inundation caused by the levee breach. As the conditions of the levee break, the duration of break(10, 30, 60 min), the width of break(10, 20, 30m) and the location of the break are considered. We found out that the range and the volume of the inundation are strongly influenced by the location of the levee break, the break width in order. And, we compared the two processes of making the inundation map using WMS and ArcView model. The Process 1 which use only WMS has the benefit by its simplicity but there could be considerable errors in making the inundation map, while Process 2 where the ArcView model is introduced to WMS has the capability of making detailed topography map but needs more process time. This study could contribute to levee breach flood analysis and making flood map to establish the EAP(Emergency Action Plan) in the urban basin.

• International Journal of Railway
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• v.1 no.4
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• pp.149-156
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• 2008

During maintenance or construction works in or at the tracks of railways, high risks for passengers and railway staff, especially for the workers on the construction site exist. The high risks result out of the movement of rail vehicles, like trains or construction vehicles, which must be faced by using any available technical and operational technologies for securing them against the environment. Therefore, it is necessary to evaluate the level of protection continuously and to identify new and innovative methods and technologies for the protection of the gang (construction worker, machines and material). Especially on construction sites at line sections with two or more parallel tracks but also with single tracks, there are still a lot of incidents and accidents mostly with seriously injured persons or fatalities. These were mainly gang members that breach the railway-loading gage. By using proper warning or protection systems, the avoidance of such accidents must be achieved. The latest developments. in gang protection systems concern on the one hand fixed barriers in the middle between the construction site and the operated track and on the other hand construction vehicles equipped with automatic warning systems. The disadvantage of such protection methods is that the gang can be warned against an approaching train but a monitoring of the gang members cannot be performed. Only one part of a potential dangerous situation will be detected. If the gang members will overhear the acoustic warning signal of the security staff and the workers will not leave the danger zone in the track, the driver of the approaching train had no chance to react to the dangerous situation. An accident is often inevitable. While the detection of acoustic warning signals by the gang members working on a construction site is very difficult, the acoustical planning of an automatic warning system has to be designed for an acoustic short range level of one meter besides the construction vehicle. The decision about the use of today's technical warning system (fixed systems, automatic warning systems, etc.) must be geared to the technical feasibility and the level of safety which is needed. Criteria for decision guidance to block a track should be developed by danger estimation and economical variables. To realize the actual jurisdiction and to minimize the hazards of railway operations by the use of construction vehicles near the tracks further developments are needed. This means, that the warning systems have to be enhanced to systems for protection, which monitor the realization of the warning signal as a precondition for giving a movement authority to a train. This method can protect against accidents caused by predictable wrongdoing. The actual state of the art technique of using a collective warning combined with additional security staff is no longer acceptable. Therefore, the Institute of Transportation System of the German Aerospace Center in Braunschweig (Germany) will develop a gang warning and protection system based upon imaging methods, with optical sensors such as video in visible and invisible ranges, radar, laser, and other. The advantage of such a system based on the possibility to monitor both the gang itself and the railway-loading gauge either of the parallel track or of the same track still in use. By monitoring both situations, the system will be able to generate a warning message for the approaching train, that there are obstacles in the track, so that the train can be stopped to prevent an accident. And also the gang workers will be warned, while they breach their area.

• Journal of Korea Water Resources Association
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• v.54 no.3
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• pp.181-190
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• 2021

In this study, a large-scale levee breach experiment from lateral overflow was conducted to verify the effect of the new reinforcement method applied to the levee's surface. The new method could prevent levee failure and minimize damage caused by overflow in rivers. The levee was designed at the height of 2.5 m, a length of 12 m, and a slope of 1:2. A new material mixed with biopolymer powder, water, weathered granite, and loess in an appropriate ratio was sprayed on the levee body's surface at a thickness of about 5 cm, and vegetation recruitment was also monitored. At the Andong River Experiment Center, a flow (4 ㎥/s) was introduced from the upstream of the A3 channel to induce the lateral overflow. The change of lateral overflow was measured using an acoustic doppler current profiler in the upstream and downstream. Additionally, cameras and drones were used to analyze the process of the levee breach. Also, a new method using 3D point cloud for calculating the surface loss rate of the levee over time was suggested to evaluate the performance of the levee reinforcement method. It was compared to existing method based on image analysis and the result was reasonable. The proposed 3D point cloud methodology could be a solution for evaluating the performance of levee reinforcement methods.

• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Journal of Korea Trade
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• v.26 no.1
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• pp.81-98
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• 2022

Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

• Proceedings of the Korea Water Resources Association Conference
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• 2020.06a
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• pp.368-368
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• 2020

최근 초대형화 되어 나타나고 있는 이상홍수와 지진 등에 의한 저수지 붕괴와 같은 대규모 비상상황 발생으로 하류지역 주민의 생명과 재산의 피해가 발생하고 있다. 국내의 경우 1996년 이후로 지속적으로 발생하고 있는 이상홍수로 인해 1998년에는 40개,1999년에는 5개의 소규모 저수지가 붕괴되었으며 최근 2013년과 2014년에도 저수지가 붕괴되는 상황이 발생했다. 댐붕괴의 원인은 구조물의 자연적 노화, 극심한 강우나 홍수, 지진, 제체전도, 파이핑, 침윤발생, 월류 및 파랑 등에 의한 자연적 상황 등이 요인이 될 수 있으며, 시공결함, 사고 또는 전쟁과 같은 인위적인 요인으로 발생할 수도 있다. 과거에 설계 및 시공기술이 부족하였거나 경제적인 이유로 부실하게 건설되어 있는 댐이 세계적으로 산재되어 있어 잠재적인 위험을 상당수 내재하고 있는 실정이다. 본연구는 댐의 점진적인 파괴에 의해 발생하는 유출수문곡선을 구하고 파괴의 성질을 예측 및 홍수파를 수리학적으로 추적하기위해 BREACH 모형과 DAMBRK 모형을 사용했으며 극한홍수(PMF)조건과와 최대지진발생(MCE)조건을 적용하여 원주시 관내 저수지 붕괴 모의 시나리오를 구축했다. 저수지 붕괴에 따른 유출수문곡선을 유도하기 위해서 본 연구에서는 기존의 EAP보고서 자료를 참고하여 붕괴지속시간, 붕괴부 평균폭, 붕괴부 측벽면 경사의 변화에 따라 다양한 모의를 수행함으로써 발생되는 붕괴부 유량 수문곡선을 도출하여 각각의 조건들이 붕괴파 형성에 미치는 영향에 대한 분석을 실시하였다. 그 결과 저수지의 붕괴시 첨두유출량에 민감한 영향을 주는 인자는 붕괴지속시간과, 붕괴부 평균폭으로서 이들 값이 붕괴유출량 변화에 많은 영향을 주는 것으로 나타났다. 최대지진발생(MCE)조건 해석결과 홍수류의 범람으로 인해 홍수파가 하류측으로 진행할수록 완만히 감소하며, 하천 중·상류부 인근 제내지로 홍수류의 범람이 발생하는 것으로 검토되었으며, 극한홍수(PMF)조건 해석결과 최대지진발생(MCE)조건과 같이 홍수파가 하류측으로 진행할수록 완만히 감소하는 특성을 보이며, 하천 전체 구간에서 인근제내지로 홍수류의 범람이 발생하는 것으로 검토되었다. 본 연구는 침수구역 피해규모 산정 및 비상대처계획도를 작성시 기초데이터가 되어 상황별 피해예상지역에 대해 응급행동요령, 주민대피계획비상대처계획을 수립하여 지역 주민생활에 안정을 기여하고자 한다.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.1B
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• pp.79-88
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• 2006

In this study, a methodology is developed for flood runoff analysis considering the interaction between interior floodplain and channel. Riparian lowland is modeled as storage areas by HEC-RAS and is connected with main channel through gravity drainage structure and pumping stations. As a result, we were able to compute the difference between runoff into the interior floodplain and delayed runoff to main channel from interior floodplain. This allowed us to compute the storage change in the interior floodplain and corresponding inundation areas. Furthermore, the levee is modeled as a lateral structure and the flood from the main channel to interior floodplain is modeled by installing a weir on top of it. In addition, levee breach is also modeled so that flooding from main channel to interior floodplain can be considered. Computed flooding depth in the storage areas are compared with elevation to identify the inundated areas and flood maps can then be produced for a desired time or for the extent of flooding given a flooding depth. Output from this modeling effort can provide many useful information for flood planning such as flow depth in main channel, flooding depth and area in interior floodplain. The method was applied to Sapgyo river basin and the comparison with observed flood events showed that it can reproduce the observation fairly well, hence proving the utility of the method.

• (The) Research of the performance art and culture
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• no.39
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• pp.581-607
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• 2019

Noting that exorcism play and mask play are different in their ritual nature, this paper aims to examine their ritual through the social drama theory of Victor Turner, a cultural anthropologist. Turner views every incident in human history as a social drama and interprets it based on the four-step structural theory of breach, crisis, redressive action, and reintegration. In particular, he believes that the redressive phase takes place through a ritual solution rather than a legal or political solution in the village community. Based on such Turner's theory, Chapter 2 analyzes Yeonggamnori, Jeju's typical exorcism play, and explains the process leading to reintegration in accordance with peaceful ritual. Chapter 3 then analyzes the Puppet Play on the same principle and examines that redressive action is being resolved through a sacrificial ritual in the case of this play. Chapter 4 checks whether the results from the previous two plays show similar aspects in other traditional plays. To this end, the exorcism play will be analyzed for Jeju's Seocheon Flower Play, Junsangnori, Segyeongnori and Sanshinnori, while the mask play will include Bongsan Mask Dance, Yangju Byeonsandae Play, Goseong Ogwangdae and Hahoe Mask Dance. As a result of these studies, it is the main point of the study to prove that exorcism play and mask play are different in their ritual nature. However, this research is only in the stage of seeking differences in its ritual, and the review on the historical and social causes of differences is left as a research task at a later date.