• Title/Summary/Keyword: Civil Law

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A Study on the Type of Litigation through Analysis of Landscape Precedent (조경 판례분석을 통한 소송의 유형화 연구)

  • Park, Hyun-Bin;Kim, Dong-Pil;Moon, Ho-Kyung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.48 no.4
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    • pp.8-18
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    • 2020
  • This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

Evaluation of Reinforced Concrete Beam's Inelastic Behavior Characteristics using Beam-column Fiber Finite Element considering Shear Deformation Effect (전단변형 효과가 고려된 보-기둥 섬유유한요소를 이용한 철근콘크리트 보의 비탄성 거동특성 평가)

  • Cheon, Ju-Hyun;Hwang, Cheol-Seong;Park, Kwang-Min;Shin, Hyun-Mock
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.21 no.3
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    • pp.130-137
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    • 2017
  • The purpose of this study is to provide a reasonable analytical method for the reinforced concrete beams which shows failure mode of shear and flexure-shear by proposing a modified formulation to consider the effect of shear deformation on the beam-column fiber element based on the flexibility method and a new constitutive law of inelastic shear response history for the section. A total of 6 specimens of reinforced concrete beams which is designed to cause shear failure before yielding longitudinal reinforcement to investigate the influence of the main experimental variables on the shear behavior characteristics and the analysis was performed by using a non-linear finite element analysis program (RCAHEST) applying the newly modified constitutive equation by the authors. The failure mode and the overall behavior characteristics until fracture are predicted appropriately for all specimens and the results are expected to be useful enough for the 3 - D analysis to carry out reliable results of large-scale and complicated structures in the future.

Analysis on the Impact of Climate Change on the Survey of Rural Water District and Agricultural Production Infrastructure (농어촌용수 및 농업생산기반시설의 실태조사에 따른 기후변화 영향 분석)

  • Kim, Soo-Jin;Bae, Seung-Jong;Choi, Jin-Yong;Kim, Seong-Pil;Eun, Sang-Kyu;Yoo, Seung-Hwan;Jang, Tae-Il;Goh, Nam-Young;Hwang, Sye-Woon;Kim, Seong-Joon;Park, Tae-Seon;Jeong, Kyung-Hun;Song, Suk-Ho
    • Journal of The Korean Society of Agricultural Engineers
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    • v.60 no.5
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    • pp.1-15
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    • 2018
  • This study aims to effective survey on actual condition for impact and vulnerability assessment on climate change in agriculture and rural community (limited to rural water and agricultural infrastructure, Paragraph 3, Article 2 of the Rearrangement of Agricultural and Fishing Villages Act) entrusted to Korea Rural Community Corporation based on the Law (Paragraph 2, Article 47 of the Framework Act on Agriculture, Rural community and Food industry). The results are summarized as follows. The rural water was divided into three categories (abnormal climate, water use, and flood control), and 31 indicators were selected. The reservoirs were divided into four categories, and 20 indicators were selected. The pumping stations were divided into two categories, 7 indicators, and the drainage pump stations were divided into two categories, 5 indicators were chosen. A survey on actual condition of each indicator was conducted and the result of the impact assessment was calculated. The 65 rural water showed values ranged from 0.855 to 1.308. The reservoir ranged from 0.966 to 23.338 as a result of the impact assessment on the 16 indicators. The pumping station was able to calculate the results of the safety inspection and the thorough safety inspection, and the drainage pump station was able to calculate only the result of the safety inspection. It is judged that it will be necessary to secure and analyze data on indicators with no data in the future. The results of this research can be utilized as baseline data that can deal with climate change preemptively.

A Study on Lawsuit Cases and Measures of Emergency Medical Service (응급의료서비스 중 발생되는 소송사례와 대책 연구)

  • Kwon, Hay-Ran
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.3
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    • pp.77-90
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    • 2009
  • Civil complaints and lawsuits filed in the process of providing emergency medical service include fall accident on the way of carrying the patient, transfer consent, refusal and rejection of rescue request, range and behavior restriction of emergency medical technicians, false registry of logbook, neglect of duty and emergency patient, and violation of traffic laws on the way of dispatch to the scene of accident. This study suggested the measures by cases as follows. 1. The accidents on the way of carrying a patient could be divided into fall of patient and fall by paramedic's mistake. In the former case, damages caused by the ambulance's shaking must be notified to the patient and guardian and recommended to fasten seat belt, in the latter case, the plan of patient's posture, route of transport, rescue and equipments should be comfirmed before fixing the patient. 2. Transfer consent must be made as implied when the patient is unconscious under delusion and was not able to consent physically, and paramedic must take an action by his judgment and record details of services on logbook. 3. When a patient refused to transfer, get 'confirmation of transfer refusal' and inform him of refusal. Paramedic should receive the signature. In addition, in case of refusal, transfer request should be made after hearing doctor's opinion and it should be notified to transfer request and superintendent of fire station after making 'confirmation of transfer refusal'. 4. Emergency medical technicians should perform their duties within the range of services prescribed by Article 41 of Law of Emergency Medical Service and Article 33 of Its Enforcement Regulations and shall not make announcement of death. In case of reporting the death to guardian, it is desirable to use record data like ECG results. 5. The best way to have protection from legal problems is making and keeping the exact records of accident and patient. Paramedic should not mention his subjective opinion about the accident-related matter. He must record correctly and keep the original medical records. 6. As emergency medical technicians are responsible for taking care of emergency patients, they must contact a briefing room when they meet a difficult situation suddenly due to vehicle stop or treatment of other patients and then must have support from neighboring hospital and other safety centers. 7. Since the ambulance operator is responsible for safety and careful driving of ambulance, he must be careful when he violates traffic regulations unavoidably. The operator should drive slowly below 10km/h at an intersection and pass it after getting way from general vehicles driving from all directions.

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Performance Ability after CPR Education of the ground workers in an airport (공항 지상 근무자의 심폐소생술 수행능력)

  • Shin, Ji-Hoon
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.3
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    • pp.29-40
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    • 2009
  • Objective : This study is an experimental study which is designed to examine the differences between knowledge and self-confidence before and after theory education(CPR PPT material) based on guidelines of CPR and emergency cardiac treatment of American Heart Association(AHA, 2005) and video self-instruction program for the general public by Korean Association of Cardiopulmonary Resuscitation(KACPR), trace CPR performance ability after CPR and AED education and investigate the accuracy of artificial respiration and chest compression, and know the difference in CPR performance abilities including AED. Methods : Subjects of this study include ground crews and staffs at M airport in G province equipped with emergency equipments for CPR according to Art. 47, Sec. 2 of Emergency Medical Law, airport police, rent-a-cops, security guard, quarantine officer, custom officer, and communication, electricity, civil engineering, facility management staff, airport fire fighting staff, air mechanic, traffic controller, and airport management team among airport facility management staffs. They were given explanation of necessity of research and 147 of 220 subjects who gave consent to this research but 73 who were absent from survey were excluded were used as subjects of this study. of 147 subjects, there were 102 men and 45 women. Results : 1) Knowledge score of CPR was $6.18{\pm}0.87$ before instruction and it was increased to $15.12{\pm}1.78$ after instruction, and there was statistically significant difference. 2) Self-confidence score in CPR was $3.16{\pm}0.96$ before instruction and it was increased to $7.05{\pm}0.75$ after instruction, and there was statistically significant difference. 3) Total average score in CPR performance ability after instruction was 7.46 out of 9, performance ability was highest in confirmation of response as 144(97.95%), follwed by request of help as 140(95.25%) and confirmation of respiration as 135(91.83%), and lowest in performing artificial respiration twice(gross elevation of chest) as 97(65.98%). Accuracy of artificial respiration(%) was $28.60{\pm}16.88$ and that of chest compression(%) was $73.10{\pm}22.16$. 4) Performance ability of AED after instruction showed proper performance in power on by 141(95.91%) and attaching pad by 135(91.83%), hand-off for analyzing rhythm showed 'accuracy' in 115(78.23%) and 'non-performance' in 32(21.77%), delivery of shock and hand-off confirmation showed 'accuracy' in 109(74.14%) and 'inaccuracy' in 38(25.86%), and beginning chest compression immediately after AED was done by 105(71.42%).

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Study on the Evaluation Method of Autonomous Vehicle Driving Ability Based on Virtual Reality (가상환경 기반 자율주행 운전능력 평가방안 연구)

  • Kim, Joong Hyo;Kim, Do Hoon;Joo, Sung Kab;Oh, Seok Jin
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.20 no.5
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    • pp.202-217
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    • 2021
  • Following the fatal accident of pedestrians caused by Autonomous Vehicle by Uber, the world's largest ride-hailing company, two people were killed in a self-driving car accident by Tesla in April. There is a need to ensure the safety of road users. Accordingly, in order to secure the safety of Autonomous Vehicle driving, it is necessary to evaluate Autonomous Vehicle driving technologies in various situations based on the road and traffic environment in which the Autonomous vehicle will actually drive. Therefore, this study used UC-win/Road ver.14.0 based on general driver's license test questions to present a virtual reality-based Autonomous Vehicles driving ability evaluation tool among various driving ability test method. Based on this, it was intended to test driving ability for unexpected situations in complex and diverse driving environments, and to confirm its practical applicability as an optimal tool for Autonomous vehicle ability test and evaluation.

A Historical Approach to the Development of Democracy and the Archival Society in Korea (한국 기록관리와 '거버넌스'에 대한 역사적 접근)

  • OH, Hang-Nyeong
    • The Korean Journal of Archival Studies
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    • no.11
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    • pp.15-40
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    • 2005
  • 'Governance' is a subject that is widely discussed these days in the government and the academic world. I think that the new concept, 'governance', is a strategy to develop the democracy of the society in its institutional and functional aspects. When we are going to discuss about governance, public records and their relationships, without understanding the meaning of 'public' in Korea, we cannot expect to discuss the matter precisely. It is said that Korean public service sectors are awash with authoritarianism and unreasonableness, and that they are at the center of seething corruption and bribe scandals. It is the legacy that the regimes adopted in the aftermath of the Japanese colonial rule for 35 years. The colonial legacy included not simply the practice of the Japanese colony, but also people who had collaborated the Japanese. The American military government and Rhee, Sung-Man regime also appointed the same officials to government posts. As was the same case in other areas including economy, press, education, politics, law, etc. In this point of view, "Righting historical wrongs", a controversial issue now in Korea, aims at establishing the right relationships between an individual and the public, and eventually laying the foundation of democracy for future generation, a procedure of achieving good governance. Apparently, Korea has made progress in developing democracy, as well as in reforming the government policy and organization. Many independent commissions are performing the projects instead of the government institutions that mandated to do the job, but has not played their roles. The e-government projects in Korea was launched in 2001 by the former administration. However, the confusion of records-management after the promulgation of the act is the result of the lack of strategy and the inconsistency of the vision. Good record-keeping supports effective, transparent and accountable government. Accountability is a key element of good governance. It is a recognized fact that without information, there is no guidance for decision-making, and accountability. Thus without records, there is no accountability for the decisions of actions. Transparency means that the decisions taken and their enforcement are carried out based on led-out rules and regulations. When both accountability and transparency are non-existent, good governance is bound to fail. Archival institutions have to give an attention to inner-governance because of the new trend of archival practice, namely 'macro-appraisal'. This 'macro-appraisal' is a kind of a functions-based approach. However, macro-appraisal focuses not just on function, but on the three-way interaction of function, structure and citizen, which combined reflect the functioning of the state within civil society, that is to say, its governance. In conclusion, the public and democracy are major challenges in the Korean society. The so-called good governance requires good record management. In this respect, records managers are in the front line of instituting good governance, and achieving better public and democracy for future generation, a procedure of achieving good governance.

Improvement of CM Fee Estimation Criteria for Efficient CM Service (건설사업관리업무 효율화를 위한 대가 산출기준 개선방향)

  • Cho, Youngjun;Sung, Youngmo
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.2
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    • pp.105-112
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    • 2019
  • As the Construction Technology Promotion Act was revised in 2015, the term of Supervision was removed and Construction Management was included instead. The consideration of Construction Management shall be based on the cost plus fee method specified in the Criteria for the Cost of Construction Technology Services of the Ministry of Land, Infrastructure and Transport. Nevertheless, it is based on the construction cost ratio in accordance with the Economy and Finance Ministry's Detailed Guidelines for Preparing the 2018 Budget Plan and Fund Management Plan (Manual for Business Type and Item). As a result, it has been expected that Construction Management consideration will be calculated according to a single government standard and that the Criteria will be applied reasonably. In addition, although the change in the Labor Standard Act has a significant effect on the working environment of the construction site, the nature of the construction site is not considered in this Act. Based on these problems, the study suggested that the government should apply a single standard after consultation with the relevant agencies when calculating the consideration for Construction management, that the scope of the Criteria for the Cost of Construction Technology Services should be clear, that the amount of input by the Construction Manager should be considered for the capability of engineers and the number of working days, and that construction characteristics should be considered when determining the number of working days and hours.

Preliminary Study on the Development of a Platform for the Optimization of Beach Stabilization Measures against Beach Erosion II - Centering on the Development of Physics-Based Morphology Model for the Estimation of an Erosion Rate of Nourished Beach (해역별 최적 해빈 안정화 공법 선정 Platform 개발을 위한 기초연구 II - 양빈 된 해빈 침식률 산정을 위한 물리기반 해빈 지형모형 개발을 중심으로)

  • Cho, Yong Jun
    • Journal of Korean Society of Coastal and Ocean Engineers
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    • v.31 no.5
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    • pp.320-333
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    • 2019
  • In this study, a physics-based 3D morphology model for the estimation of an erosion rate of nourished beach is newly proposed. As a hydrodynamic module, IHFOAM toolbox having its roots on the OpenFoam is used. On the other hand, the morphology model comprised a transport equation for suspended sediment, and Exner type equation derived from the viewpoint of sediment budget with the bed load being taken to accounted. In doing so, the incipient motion of sediment is determined based on the Shields Diagram, while the bottom suspended sediment concentration, the bed load transport rate is figured out using the bottom shearing stress directly calculated from the numerically simulated flow field rather than the conventional quadratic law and frictional coefficient. In order to verify the proposed morphology model, we numerically simulate the nonlinear shoaling, breaking over the uniform beach of 1/m slope, and its ensuing morphology change. Numerical results show that the partially skewed, and asymmetric bottom shearing stresses can be successfully simulated. It was shown that sediments suspended and eroded at the foreshore by wave breaking are gradually drifted toward a shore and accumulated in the process of up-rush, which eventually leads to the formation of swash bar. It is also worth mentioning that the breaker bar formed by the sediments dragged by the back-wash flow which commences at the pinnacle of up-rush as the back-wash flow gets weakened due to the increased depth was successfully duplicated in the numerical simulation.

Analysis of Research Trends in the 30 Years of 'Journal of Arbitration Studies' ('중재연구' 30년간의 연구동향 분석 - 한국중재학회 창립30주년에 즈음한 학술연구 동향분석 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.3-22
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    • 2021
  • Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.