• Journal of Service Research and Studies
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• v.4 no.1
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• pp.109-121
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• 2014

Used medical equipment utilized in medical technology, most are not human or environmental risks likely to in normal medical technology. Therefore, the risk is close to zero so that medical devices are classified into Class 1 medical device, such as little or no risk by treating. It can be minimized without arising unnecessary and waste of time. As handlers in the medical device vendors are expanding the area of the business, we can uplift operators' commitment to the business and for the people's choice. In this paper, our research are presented to improve the legal and regulatory directions for the distribution of used medical devicesin in order to establish and promote a fair deal of diversity.

• Korean Medical Education Review
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• v.17 no.1
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• pp.20-25
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• 2015

In light of changes in today's medical environment, whether to dismantle the 50-year-old internship training system in the Republic of Korea is under debate. Although the question remains open, discussions on such issues have drawn attention to the quality of the clinical clerkship and student career advisory programs in medical colleges. The purpose of this study is to analyze the experiential clerkship and career exploration issues. Ensuring excellence of the clerkship and career advisory sessions is an essential responsibility of educational institutions regardless of whether the intern training system is dismantled. Important objectives of the experimental clerkship include reinforcing prerequisites established by law, introducing a student practice license, developing a standardized clinical assessment and student portfolio requirement, and publishing a guidebook for clinical directors. For career exploration, it is necessary to broaden participants' experiences of specialties and to manage the variety of student career guidance programs. It is imperative for the Korean Association of Medical Colleges, in collaboration with medical colleges, to play a leading role in focusing more attention and effort on such issues.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.91-113
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• 2017

UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.

• Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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• 2001.09a
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• pp.27-30
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• 2001

Flow and transport at fracture intersections, and their effects on network scale transport, are investigated in three-dimensional random fracture networks. Fracture intersection mixing rules complete mixing and streamline routing are defined in terms of fluxes normal to the intersection line between two fractures. By analyzing flow statistics and particle transfer probabilities distributed along fracture intersections, it is shown that for various network structures with power law size distributions of fractures, the choice of intersection mixing rule makes comparatively little difference in the overall simulated solute migration patterns. The occurrence and effects of local flows around an intersection (local flow cells) are emphasized. Transport simulations at fracture intersections indicate that local flow circulations can arise from variability within the hydraulic head distribution along intersections, and from the internal no flow condition along fracture boundaries. These local flow cells act as an effective mechanism to enhance the nondiffusive breakthrough tailing often observed in discrete fracture networks. It is shown that such non-Fickian (anomalous) solute transport can be accounted for by considering only advective transport, in the framework of a continuous time random walk model. To clarify the effect of forest environmental changes (forest type difference and clearcut) on water storage capacity in soil and stream flow, watershed had been investigated.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.67-98
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• 2009

Recently there are many cases on the intellectual property dispute. Among them some cases are solved through mediation and arbitration. Mediation and arbitration hold some advantage over court proceeding for intellectual property dispute. However the traditional litigation system has material limitation to settle down international intellectual property dispute. Without arbitration, litigation in court would be the only choice in case of no consensual settlement between the disputing parties. However, once being aware of the usefulness of the arbitration, people in international business widely realize that arbitration is generally preferred to litigation. Mediation is a method of settling dispute outside of court setting and many mediation committee are established since 1986 in Korea. Arbitrability has been a crucial issue in the intellectual property dispute. In most developed countries including the U.S.A. and Switzerland, arbitrability in the intellectual property dispute has been changed in recent years by law. Now in resolving the dispute with international intellectual property is needed for legal research, experience, working practices and knowledge of the intellectual property industry and so on.

• East Asian Journal of Business Economics (EAJBE)
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• v.3 no.4
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• pp.21-28
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• 2015

With CJK FTA as a starting point, this paper mainly studied the role of the logistics legal system in promoting marine industrial cooperation, facilitating investment trade, establishing international transport logistics, building marine economy international cooperation demonstration zone and deepening the economic and financial cooperation between China, Japan and Korea, and explored the way to establish an integrated logistics system between China, Japan and Korea to match the e-commerce certification system, online payment system and logistics distribution, thereby gradually promoting economic development and logistics integration in Northeast Asia, improving logistics efficiency, reducing logistics costs and establishing a unified logistics industry standardization system. This will accelerate logistics industry integration in Northeast Asia, build a unified logistics management center in Northeast Asia, and promote a new model of integrated logistics cooperation in Northeast Asia. Therefore, it has a practical and reference significance. In short, the improvement for the logistics legal system in CJK FTA is not the responsibility of a country or several countries. It concerns the development and prosperity for the logistics industry in the three countries and is an inevitable choice to promote the vigorous development of CJK FTA and economic take-off of each country.

• Korean Journal of Occupational Health Nursing
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• v.24 no.3
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• pp.183-193
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• 2015

Purpose: The purpose of this study was to describe cleaning workers' working experiences in Korea. Methods: The data were collected in two focus-group interviews with 9 cleaning workers. The phenomenological analytic method suggested by Colaizzi was used to analyze the data. Results: Five theme clusters and thirteen themes emerged from the analysis. The first theme clusters, 'Dead-end choice' included Limits of elderly women workers, Financial difficulties, Lowered self-esteem. The second theme clusters, 'Facing with discriminatory working environments' included Fear and unfair working conditions. The third theme clusters, 'Potential health problems' included Physical overload, Repeated exposure to hazardous substances and Emotional labor. The fourth theme clusters, 'Excluded from protection of the law' included Gloomy reality and Sexual harassment. The fifth theme clusters, 'Desire to get out of social isolation' included Efforts to maintain the status, Desire to live confidently and Desire to change social recognition. Conclusion: The findings of the study provide understanding on cleaning workers' working experiences to explain by their vision and language and should ensure proper working conditions and environment to live a better life.

• The Journal of Asian Finance, Economics and Business
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• v.9 no.1
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• pp.1-11
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• 2022

The study incorporates model uncertainty into the private equity (PE) valuation model (SWY model) (Sorensen et al., 2014) to evaluate how model uncertainty distorts the leverage and valuations of PE funds. This study applies a continuous-time model to PE project valuation, modeling the LPs' goal as multiplier preferences provided by Anderson et al. (2003), and assuming that LPs' aversion to model uncertainty causes endogenous belief distortions with entropy as a measure of model discrepancies. Concerns regarding model uncertainty, according to the theoretical model, have an unclear effect on LPs' risk attitude and GPs' decision, which is based on the value of the PE asset. It also demonstrates that model uncertainty lowers the certainty-equivalent valuation of the LPs. Finally, we compare the outcomes of the Full-spanning risk model with the Non-spanned risk model, and they match the intuitive economic reasoning. The most important implication is that model uncertainty will have negative effects on the LPs' certainty-equivalent valuation but has ambiguous effects on the portfolio allocation choice of liquid wealth. Our works contribute to two literature streams. The first is the literature that models the PE funds. The second is the literature introduces model uncertainty into standard finance models.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.3-46
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• 2017

Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.79-102
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• 2008

When several parties are involved in a dispute, it is usually considered desirable that the issues should be dealt with in the same proceedings, rather than in a series of separate proceedings. This saves time and money. It avoids the possibility of conflicting decisions on the same issues of law and fact, since all issues are determined by the same tribunal at the same time. Where there is a multi-party arbitration, it may be because there are several parties to one contract, or it may be because there are several contracts with different parties that have a bearing on the matters in dispute. In international trade and commerce, for individuals, corporations or state agencies to join together in a joint venture or consortium or in some other legal relationship of this kind, in order to enter into a contract with another party or parties, where such a contract contains an arbitration clause and a dispute arises, the members of the consortium or joint venture may decided that they would each like to appoint an arbitrator. A different problem arises where there are several contracts with different parties, each of which has a bearing on the issues in dispute. A major international construction project is likely to involve not only the employer and the main contractor, but also a host of special suppliers and sub-contractors. Each of them will be operating under different contracts often with different choice of law and arbitration clauses. The appointment of the arbitrator or the composition of the arbitral tribunal should be in accordance with the agreement of the parties. The parties have to be equally treated in the constituting of the arbitral tribunal and the arbitral proceedings. However, the right of the parties to nominate a member of the arbitral tribunal could be taken away from them, if they are subject to the restrictions by means of the law of the country where the arbitration is taking place. That is, multiple parties jointly should nominate one arbitrator, where there they have to exercise their substantive right in common, or one of them exert his substantive right, then it has an effect on another parties, or they, whether as claimant or as respondent, get the same or similar treatment in the arbitral procedure. Therefore it is necessary to intend to settle multi-party disputes quickly and efficiently.