• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.469-492
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• 2000

"International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.

• International Commerce and Information Review
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• v.12 no.1
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• pp.35-54
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• 2010

This article explored the bank's responsibilities in electronic payment system between Korea and U.S.A. In order to complete my research object, I used Article 4A of the U.C.C. and EFTA of 1978 and by Electronic Financial Transaction Act of Korea as a analytic instruments. I also adapted America's various regulations to regulate concerned parties(banks). The system of this article is going to display as fellows; First, I presented recent trend and legal stabilities of electronic payment in this article. Second, I focuses on the allocation of risk of loss caused by ambiguous term in payment orders that do not express the subjective intention of the senders. I also did analyze the solution procession of error occurring in course of send of payment order. Third, In any action which involves a customers's liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized. Forth, Customers have to report the error and unauthorized electronic fund transfer after awaring of it. Then bank will be liable for such a unauthorized electronic fund transfer. But If customer's failure to report, the bank has exemptions. Lastly, In order to prevent or detect the unauthorized electronic fund transfer, bank will agree with custom to establish a commercially reasonable security procedure, while bank has duties to notify in order to decrease the loss resulted from unauthorized payment order in korea law.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.101-109
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• 2010

Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

• Journal of Korea Multimedia Society
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• v.18 no.3
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• pp.376-386
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• 2015

Since affective computing has been introduced in 90s, affect recognition technology has achieved substantial progress recently. However, the application of user emotion recognition into software user interface is in its early stages. In this paper, we describe a new approach for developing mobile user interface which could react differently depending on user emotion states. First, an emotion reaction model is presented which determines user interface reactions for each emotional state. We introduce a pair of mappings from user states to different user interface versions. The reacting versions are implemented by a set of variations for a view. Further, we present an authoring framework to help developers/designers to create emotion-aware reactions based on the proposed emotion reaction model. The authoring framework is necessary to alleviate the burden of creating and handling multi versions for views at the development process. A prototype implementation is presented as an extension of the existing authoring tool DAT4UX. Moreover, a proof-of-concept application featuring an emotion-aware interface is developed using the tool.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.107-119
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• 2017

In the process of online trading, many unexpected conflicts may occur. The consumer wishes to perform transactions with a seller by trusting the seller's listings, but there are times when even major companies such as Kakao edit their original listings. When the seller edits their listing, it is extremely difficult for the consumer to prove and deal with the problem. If they don't deal with them carefully they may be accused of denigration. This study proposes a consumer protection system to resolve this problem. In case a problem occurs, proof that the original listing was edited can be submitted to a judge in court by using this system, thus preventing these types of problems from happening. If this system is installed, both the seller and consumer know that the terms of contract cannot be falsely changed to the advantage of either side, so the source of the problem can be prevented. This study analyzes the reasons behind the conflicts and presents a systematic way of preventing the problem. This method does not present a financial burden, and provides a way for transactions to be held based on trust for the seller and consumer.

• Convergence Security Journal
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• v.18 no.2
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• pp.11-17
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• 2018

Lamport's one-time password (OTP) was originally proposed to address the weaknesses of a simple password system: fixed password, pre-shared password. However, a main weakness of Lamport's OTP is that a root hash value of a new hash chain should be re-registered after consuming all the hash values since OTP generation is based on the finite hash chain. Several studies have been conducted to solve these drawbacks, but new drawbacks such as increased burden of proof for verifiers and verifiers have been exposed. In this paper, we propose and compare a novel OTP that overlaps several short hash chains instead of one long hash chain, which is the core of existing Lamport OTP, to solve the drawbacks while maintaining the advantages of Lamport.

• East Asian mathematical journal
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• v.24 no.5
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• pp.527-545
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• 2008

One of the education purpose of the section "Figures" in the eighth grade is to develop students' deductive reasoning ability, which is basic and essential for living in a democratic society. However, most or middle school students feel much more difficulty or even frustration in the study of formal arguments for geometric situations than any other mathematical fields. It is owing to the big gap between inductive reasoning in elementary school education and deductive reasoning, which is not intuitive, in middle school education. Also, it is very burden for students to describe geometric statements exactly by using various appropriate symbols. Moreover, Usage of the same symbols for angle and angle measurement or segments and segments measurement makes students more confused. Since geometric relations is mainly determined by the measurements of geometric objects, students should be able to interpret the geometric properties to the algebraic properties, and vice verse. In this paper, we first compare and contrast inductive and deductive reasoning approaches to justify geometric facts and relations in school curricula. Convincing arguments are based on experiment and experience, then are developed from inductive reasoning to deductive proofs. We introduce teaching methods to help students's understanding for deductive reasoning in the textbook by using stepwise visualization materials. It is desirable that an effective proof instruction should be able to provide teaching methods and visual materials suitable for students' intellectual level and their own intuition.

• Korean Journal of Logic
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• v.13 no.2
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• pp.61-82
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• 2010

The argument from ignorance that knowledge conclusion is derived from ignorance premises is claimed to be fallacious by many logicians such as I. Copi. According to them, some arguments from ignorance which seem to be acceptable are not really the arguments from ignorance. They say that such arguments have implicitly conditional knowledge premise. Against them, I argue that every argument from ignorance can be interpreted as having a hidden conditional premise, and that every argument from ignorance is not fallacious. I propose the criterion to judge which argument from ignorance is fallacious and which is persuasive. In particular, I argue that social contexts play a crucial role to judge whether a practical argument is fallacious or not.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.61-105
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• 2007

The Hospitalized Acquired Infection is defined as the case where the hidden infection or not found at the time of hospitalization occurs during the hospitalized period or, within 30 days to those who performed the surgery operation and then left the hospital. About 2/3 of the Hospitalized Acquired Infection are found as having the internal infection cases that are occurred by the patients' own virus due to the lowered immune system, while about 1/3 are found as having the external infection. The latter 1/3 of the external infection cases can be prevented through the infection management. And in case the new Hospitalized Acquired Infection case occur to the patient who was treated in the hospital, its responsibility issue will matter. As well in the disputes over the Hospitalized Acquired Infection cases, the cause-result relation between the damages and the medical staff's fault and as to whether there is failure of the medical staff or not. personnel should be proved in the medical-malpractice cases. In addition, the difficulties in proving such as expertise, secrecy propensity, discrete propensity and incompleteness will be considered to ease the burden of patient side's proving. Probability theory, Fact based assumption theory, Most adequate plaintiff preassumption or Expressed evidence theories are being discussed as the theories of eased burden of proof. In the result of gathering and reviewing Korea's precedent cases concerning the Hospitalized Acquired Infection, there are only a few accumulated prece dent cases and the attitude of the court also are also not consistent. Therefore, there are the precedents where the cause-result relation and the failure are immediately assumed when (1) timely proximity between the medical behavior and malpractice results, (2) proximity between the medical behavior-applied parts and the malpractice results-found parts, and (3) lack of other causes are separately evidenced; while the are the precedents only when 'the existence of the medical faults based on the common sense' is separately evidenced. It was found that the former and latter cases coexisted. The former is considered as based on the theory that separates the fault and cause-result relation not to consider them together, or regarded as based on the doubts that assumes the medical staff's neglect even though the Hospitalized Acquired Infection might be completely prevented by their efforts. However, the modern medical technology has the limitation as far as the prevention of the Hospitalized Acquired Infection. In conclusion, the assumption of the cause-result relation and that of the fault should be separately reviewed. Therefore, the latter precedents are considered as more reasonable, in the point the faulty behavior may be proved based on the common sense.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.40
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• pp.97-144
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• 2008

The purpose of this paper is to review the text of national legislation relating to the carrier's liability in respect of the carriage of passengers, baggage and cargo by air in major states such as United Kingdom, Germany, France, Canada, Russia and China, and to compare the air carrier's liability under the national legislations of above states with them under the Warsaw System relating to the international carriage by air. Also this paper reviews the text of the draft legislation relating to the carrier's liability in respect of the carriage by air in Korea. The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the “Warsaw System”, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. A the Convention, or certain of its principles, with the object of regulating their national air transport. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The principles of the liability of the air carrier under the Montreal Convention have been adopted into national legislations by the United Kingdom, Germany, France, Canada, Russia and China. Now the Ministry of Justice of Korea is proceeding to make a new national legislation relating to the liability of the air carrier in respect of the carriage by air. The draft legislation of the Part VI the Carriage by Air of the Commercial Code of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier in Korea will contribute to settle efficiently the dispute on the carrier's liability in respect of the carriage of passengers, baggage and cargo by air.