• 서비스연구
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• 제4권1호
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• pp.109-121
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• 2014

의료기기는 공산품의 일종으로서, 공산품 중에서 특정한 목적과 기능에 해당하는 의료용으로 사용되는 공산품으로서, 공산품 중에서 국민의 생명과 신체에 중대한 영향을 미치는 공산품이므로 의료관련법에서 특별히 규정하여 관리하고 있는 제품들이라고 할 수 있다. 그러나 중고 의료기기에 활용된 의료기술은 대부분이 인체나 환경에 위해성이 없는 의료기술일 가능성이 크므로, 이렇게 위해성이 제로에 가까운 의료기기를 1등급으로 분류하여 위해성이 거의 없는 의료기기와 같이 취급함으로써 발생하는 불필요한 행정력과 시간의 낭비를 최소화할 수 있다. 의료기기 취급자 특히 판매업자에 포함되는 사업자의 영역이 넓혀지므로, 사업자들의 사업의지를 고양할 수 있으며, 국민의 의료기기에 대한 선택권과 접근권이 제고될 수 있다. 본 논문에서는 중고의료기기의 유통질서를 확립하고 공정한 거래를 촉진하기 위한 제반의 법률을 조사하고 규제를 개선하는 방향을 제시한다.

• 의학교육논단
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• 제17권1호
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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.

• 한국중재학회지:중재연구
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• 제27권4호
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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.

• 한국지하수토양환경학회:학술대회논문집
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• 한국지하수토양환경학회 2001년도 추계학술발표회
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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.

• 한국중재학회지:중재연구
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• 제19권1호
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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.

• 동아시아경상학회지
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• 제3권4호
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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.

• 한국직업건강간호학회지
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• 제24권3호
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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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• 제9권1호
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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.

• 의료법학
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• 제18권2호
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• pp.3-46
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• 2017

의사의 설명의무는 의사가 환자에게 이미 시행한 의료행위, 시행 중인 의료행위 및 장래에 시행할 의료행위와 환자의 요양상 수칙에 관하여 적극적 체계적으로 진술함으로써 환자가 그 내용을 인식하게 할 법적 의무를 총칭한다. 이 의무는 환자의 알 권리에 대응하는 보고성 설명의무, 환자의 동의권 거절권에 대응하는 기여성 설명의무, 요양지도성 설명의무로 나뉜다. 설명의무를 분류하는 것은 각각의 기능과 법적 성질이 다르고, 법적 성질이 다름에 따라 그 위반 시의 효과, 특히 손해배상책임의 대상과 범위가 달라지기 때문이다. 이 주제에 관하여 우리나라에서는 지난 40년 가까운 기간 동안 많은 이론의 발전이 있었고, 그를 토대로 대법원 판결의 논리도 상당히 정치하게 전개되어 왔다. 그러나 여전히 학계와 실무계 일각에서는 용어와 개념의 혼동, 학설과 판례 논리에 대한 이해 부족을 목격하게 되고, 심지어 대법원 판결문 내의 전후 문맥에서 그리고 관련 있는 복수의 판례 사이에서 논리와 이론의 불일치를 발견하게 되는 것이 사실이다(이것은 합리적 근거와 설득력을 지닌 견해의 분립을 지적하는 것이 아니다). 위와 같은 견해와 문제의식을 기초로 해서, 의사가 부담하는 설명의무의 기능별 분류와 법적 성질 및 그 위반 시의 효과를 우리나라 학설과 판례를 중심으로 분석 정리한다.

• 한국중재학회지:중재연구
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• 제18권2호
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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.