• Biomolecules & Therapeutics
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• v.20 no.2
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• pp.234-238
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• 2012

Propofol is an anesthetic commonly used to provide sedation or to induce and maintain an anesthetic stated. However, there are reports which indicate propofol may cause psychological dependence or be abused. In the present study, we used various behavioral tests including climbing test, jumping test, conditioned place preference, and self-administration test to assess the dependence potential and abuse liability of propofol compared to a positive control (methamphetamine) or a negative control (saline or intralipid). Among the tests, the conditioned place preference test was conducted with a biased method, and the selfadministration test was performed under a fixed ratio (FR) 1 schedule, 1 h per session. No difference was found in the climbing test and jumping test, but propofol (30 mg/kg, i.p.) increased the rewarding effect in the conditioned place preference test, and it showed a positive reinforcing effect compared to the vehicle. These results indicate that propofol tends to show psychological dependence rather than physical dependence, and it seems not to be related with dopaminergic system.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• Ocean and Polar Research
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• v.37 no.4
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• pp.341-356
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• 2015

A nation has a sovereign right to develop and use its natural resources according to its policies with regard to development and the relevant environment. A nation also has an obligation not to harm other countries or damage environments of neighboring countries as consequences of such actions of developments or use of natural resources. However, international precedents induce a nation to take additional actions not to cause more damages from the specific acts causing environmental damages beyond national borders, when such acts have economic and social importance. That is to say that there is a tendency to resolve such issues in a way to promote the balance between the mutual interests by allowing such actions to continue. A solution to China's Three Gorges Dam dilemma based on a soft law approach is more credible than relying on a good faith approach of national responsibilities and international legal proceedings since the construction and operation of the dam falls within the category of exercising national sovereign rights. If a large scale construction project such as the Three Gorges Dam or operation of a nuclear power plant causes or may cause environmental damage beyond the border of a nation engaged in such an undertaking, countries affected by this undertaking should jointly monitor the environmental effects in a spirit of cooperation rather than trying to stop the construction and should seek cooperative solutions of mutual understanding to establish measures to prevent further damages. If China's Three Gorges Dam construction and operation cause or contain the possibility of causing serious damages to marine environment, China cannot set aside its national responsibility to meet international obligations if China is aware of or knows about the damage that has occurred or may occur but fail to prevent, minimize, reverse or eliminate additional chances of such damages, or fails to put in place measures in order to prevent the recurrence of such damages. However, Korea must be able to prove a causal relationship between the relevant actions and resulting damages if it is to raise objections to the construction or request certain damage-prevention actions against crucial adverse effects on the marine environment out of respect for China's right to develop resources and acts of use thereof. Therefore, it is essential to cumulate continuous monitoring and evaluations information pertaining to marine environmental changes and impacts or responses of affected waters as well as acquisition of scientific baseline data with observed changes in such baseline. As China has adopted a somewhat nonchalant attitude toward taking adequate actions to protect against marine pollution risks or adverse effects caused by the construction and operation of China's Three Gorges Dam, there is a need to persuade China to adopt a more active stance and become involved in the monitoring and co-investigation of the Yellow Sea in order to protect the marine environment. Moreover, there is a need to build a regular environmental monitoring system that includes the evaluation of environmental effects beyond borders. The Espoo Convention can serve as a mechanism to ease potential conflicts of national interest in the Northeast Asian waters where political and historical sensitivities are acute. Especially, the recent diplomatic policy advanced by Korea and China can be implemented as an important example of gentle cooperation as the policy tool of choice is based on regional cooperation or cooperation between different regions.

• Journal of the Korean Institute of Landscape Architecture
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• v.18 no.3 s.39
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• pp.171-190
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• 1990

It is the purpose of this study to address how to manage the urban vegitation using the concept of Urban Forestry which is relatively new to Korea. When we consider the Urban Forestry as a science, We should understand it interdisciplinary subject which includes Forestry, Horticulture, Urban Planning, Landscape Design, Landuse Planning, Business and Humanities. It may say that people and tree are the fundermental components of Urban Forestry. So there are two ways of Urban Forestry Applications-How people care for trees and How trees care for People-. For the application, this study places the focus on the monetary valuation, tree inventory system and traditional forestry application to urban forest management. Pubic Relation, Communication, Ordinances and Budget are also mentioned as a part of Urban Forestry Policy. Monetary valuation of trees and forests is very important for the proper cognition of their real value. So that, they may be equated and weighed against conflicting uses which would cause to be removed or severely mutilated. A tree inventory system which is the essential part of urban tree management can provide the pertinent information about the present condition of urban tree resource. It may aid in reducing the subjectivity of tree management decisions and stimulate them to be made rapidly and can help reduce potential municipal liability by identifying serious problems in time for corrective maintenance practices to be applied for the maximize community benefits and minimimize public nuisances or hazards. Managers can derive the information from the inventory and use it for the various management plan. When we see the structure of tree inventory system as one of the data base management system, Computer is the best equipment for the efficient management plan. Public relation and communication is also important factors to care the people for urban vegetation management. Volunteer management system is a good example for the public relation and communication. Those skills are need to develop for using the priceless, valuable human resources. Budget holds the key to the execution of Urban Forestry. Good inventory can provide for efficient budgeting stratiges through it's scientific analysis for the way of maximum benefits and minimum costs. Forest can be play a vital role for the aesthetic improvement and recreation in the city. This study suggests that the traditional sivicultural application not only improve the quality of scenic beauty and recreation but also the products of timber. So it is more needed to study for strong and scientific application to urban forest management.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.3-33
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• 2013

The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.

• The Journal of Korean Society for School & Community Health Education
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• v.1 no.2
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• pp.105-125
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• 2000

The purpose of this study was to examine the influence of school safety accident on teacher's normal educational activities and to seek some desirable ways to cope with it. The subjects in this study were 351 class teachers randomly selected from Seoul and Kyonggi Province and surveyed from April through July, 2000. The conclusions were as follows; 1. Actual Condition of School Safety Accident 1) Approximately many teachers investigated had had an experience to suffer safety accident. Safety accident occurred most during break or class, but there was a significant difference according to service area. 2) Safety accident took place most in playground, and the most common cause was student's own carelessness, and the most widely occurred accident type was an injury. But there was no significant difference caused by the general characteristics of the teachers. 2. Influence of Safety Accident On Teacher's Educational Activities. 1) The largest reason they offered safety education was to ensure student safety. The greatest number of them had an opinion they would consider changing or giving up a planned normal educational activity if they recognized any possibilities of safety accident. There was a significant difference in this point according to gender and career. 2) They worried about possible safety accident most during field study, but there was a significant difference according to gender or presence or absence of safety accident experience. 3) The general characteristics of teacher produced a significant difference to an experience of avoiding educational activity due to psychological withdrawal, but safety accident experience didn't make any difference. 3. Minimization of Teacher Damage or Loss from Safety Accident. 1) The dominant opinion about teacher's small mistake for any occurrence of safety accident was that the responsibility should be escaped to maintain teacher's authority. For severe mistake, however, there were two different opinions at the same percentage: one was being exempted and the other was taking civil liability. 2) Establishing teacher insurance was preferred as a way to minimize teacher's economic loss from safety accident, but there was a significant difference according to gender. 3) The dominant opinion about the payment of insurance premium for safety accident was that it should be paid from school operating expenses.

• Geotechnical Engineering
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• v.7 no.3
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• pp.51-64
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• 1991

The reliable estimation of pile bearing capacity is essential for the improvement of the re- liability and the cost-effectiveness of the design. There have been numerous pile bearing capacity prediction methods proposed up to now, however, execpt for the estimation made from the result of the pile loading test, not one method is appropriate for the reliable prediction. Due to the considerable time and expenses required to carry out the pile loading test, the test has seldom been utilized. The development of Simple Pile Loading Test(SPLT) which utilizes the pile skin friction as the required reaction force to cause the pile tip settlement, provides a solution to perform more pile loading tests and consequently a more economical pile design is possible. The separate measurement of skin friction and tip resistance during the course of performing SPLT provides a better understanding of the pile behavior than the result of the conventional pile loading test where only the total resistance is measured. On the other hand, there are some points to be clarified in order to apply the test results of SPLT to practical problem. They are the direction of the applied load to mobilize the skin friction and the use of reduced sized sliding core. In this research, both the SPLT and the conventional pile loading test on 406mm diameter steel pipe pile have been performed. From the result, it would be safe to use the measured SPLT skin friction value directly in the design, since the value is somewhat lower than the value measured in the conventional test. It is further assumed that the tip resistance value of the reduced sized sliding core should properly be analysed by taking the incluonce of scale effect into consideration.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.147-162
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• 1989

The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.145-173
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• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.113-136
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• 2020

Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.