• Title/Summary/Keyword: Civil Liability

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The Propose a Legislation Bill to Apply Autonomous Cars and the Study for Status of Legal and Political Issues (제4차 산업혁명 시대의 자율주행자동차 상용화를 위한 안정적 법적 기반을 위한 법정책적 연구 - 자율주행자동차 특별법 제정(안)을 중심으로 -)

  • Kang, Sun Joon;Won, Yoo Hyung;Kim, Min Ji
    • Journal of Korea Technology Innovation Society
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    • v.21 no.1
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    • pp.151-200
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    • 2018
  • At the Davos Forum in 2016, the Fourth Industrial Revolution, a reference to cloud Schwab, is dramatically changing our lives, and at its height, self-driving cars are emerging as the talk of the day. But there are still many hurdles to overcome before the nation can successfully introduce and establish self-driving cars. In particular, it is necessary to change the paradigm of the legal system centered on human beings to one that includes artificial intelligence. The stable operation of the self-driving car era requires drastic changes to the people-centric legislation system. That is, it is necessary to collect information on the total number of drivers of self-driving cars (what is available), general vehicles on general roads, civil and criminal liability issues in the event of traffic accidents, and collection of insurance problems concerning autonomous driving vehicles. In this study, a separate bill was proposed to address the various legal issues arising from the operation of self-driving cars from a legislative perspective by considering the domestic laws related to road transport, the current state of legislation on foreign soil and legal issues related to self-driving cars.

A Study on the Global Market Success through the Customer Value-based Corporate Strategy : The Case of Hilti (고객가치 기반 기업전략을 통한 글로벌 시장성공 : 전동공구기업 힐티의 사례)

  • Hong, Song Hon
    • International Commerce and Information Review
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    • v.16 no.5
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    • pp.151-178
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    • 2014
  • The objective of the present case study is to analysis how effectively Hilti, which is a former family firm owned and managed by a family in Liechtenstein as a tiny european country, a land sandwiched between Switzerland and Austria, has made a global market success. Liechtenstein has $160km^2$ land and about 36,000 residents. Despite its small size of country, however, Hilti Corporation doesn't view its location as a liability in its business strategy. Hilti is a global leading provider of professional power tools in building, mining, civil engineering etc. Also, Hilti is a firm with a clear vision to become the leading industry partner for construction professionals and building installations through customer focus, high quality equipment, and tools and systems specially designed for specific jobs. This study considered Hilti as a good case, which verifies that born-conditions, endogenous factors according to Michael Porters diamond model does not decisive role more for international competitiveness of firms. Lessons from Hilti are that in order to obtain and sustain the global competitiveness of small and medium-sized firms in Korean manufacturing sector under high production cost, they have to do actively innovative. Also they can give to customers newer and higher customer-values than competitors in abroad give. The case summarizes that the strategy of Hilti for the global market success is comprised of several factors: Technological and organizational innovation, and a clear customer-value oriented business strategy and its implementation. Innovation and its integration into marketing for the customers value creation is central to Hilti's Success. The present case study is expected to provide insights and implication for many firms in Korea that are seeking to secure global presence and market success.

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A Legal Study On Expert Opinion of Medical Records and the Judgment - Focus on Medical Civil Liability - (진료기록감정 및 그 판단에 대한 법적 고찰 - 의료민사책임을 중심으로 -)

  • Baek, Kyoung-hee
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.83-107
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    • 2019
  • In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

Low Temperature Thermal Desorption (LTTD) Treatment of Contaminated Soil

  • Alistair Montgomery;Joo, Wan-Ho;Shin, Won-Sik
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 2002.09a
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    • pp.44-52
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    • 2002
  • Low temperature thermal desorption (LTTD) has become one of the cornerstone technologies used for the treatment of contaminated soils and sediments in the United States. LTTD technology was first used in the mid-1980s for soil treatment on sites managed under the Comprehensive Environmental Respones, Compensation and Liability Act (CERCLA) or Superfund. Implementation was facilitated by CERCLA regulations that require only that spplicable regulations shall be met thus avoiding the need for protracted and expensive permit applications for thermal treatment equipment. The initial equipment designs used typically came from technology transfer sources. Asphalt manufacturing plants were converted to direct-fired LTTD systems, and conventional calciners were adapted for use as indirect-fired LTTD systems. Other innovative designs included hot sand recycle technology (initially developed for synfuels production from tar sand and oil shale), recycle sweep gas, travelling belts and batch-charged vacuum chambers, among others. These systems were used to treat soil contaminated with total petroleum hydrocarbons (TPH), polycyclic aromatic hydrocarbons (PAHs), pesticides, polychlorinated biphenyls (PCBs) and dioxin with varying degrees of success. Ultimately, performance and cost considerations established the suite of systems that are used for LTTD soil treatment applications today. This paper briefly reviews the develpoment of LTTD systems and summarizes the design, performance and cost characteristics of the equipment in use today. Designs reviewed include continuous feed direct-fired and indirect-fired equipment, batch feed systems and in-situ equipment. Performance is compared in terms of before-and-after contaminant levels in the soil and permissible emissions levels in the stack gas vented to the atmosphere. The review of air emissions standards includes a review of regulations in the U.S. and the European Union (EU). Key cost centers for the mobilization and operation of LTTD equipment are identified and compared for the different types of LTTD systems in use today. A work chart is provided for the selection of the optmum LTTD system for site-specific applications. LTTD technology continues to be a cornerstone technology for soil treatment in the U.S. and elsewhere. Examples of leading-edge LTTD technologies developed in the U.S. that are now being delivered locally in global projects are described.

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The Impact of Safety Accident on Teacher's Educational Activities in Elementary School (초등학교 안전사고가 초등교사의 교육활동에 미치는 영향)

  • Yang, Jeong-Mo;Park, Young-Soo
    • 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.

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A Study on the Legal and Systemic Aspect of Aviation Accident Investigation Organization -Focusing on the Improvement Method- (항공사고조사기구(航空事故調査機構)에 관한 법적(法的) 제도적(制度的) 고찰(考察) -개선방안(改善方案)을 중심(中心)으로-)

  • Yoo, Kyung-In;Kim, Maeng-Sern
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.109-139
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    • 2004
  • The first successful sustained powered flight by Wright Brothers was further extended to the rapid development of aviation technology, that led to transpacific flights, the invention of supersonic planes, and enabled hundreds of people to travel in the space, in addition to the fact that around 10 people had stepped on the moon, all of which were made possible within the very same century. However, on the back side of this most wondrous human technology, the vulnerableness to the aviation accident has been constantly accompanied with, right from the very beginning stage of the aircraft development. Moreover, the development of future aircraft is being focused on the aircraft performance, the increment of the number of passengers aboard and also its speed. In proportion to these phenomena of mega sizing the aircraft, the development of new technology and the increment of air traffic volume, the number of aviation accident is expected to augment, resulting in the enormous loss of human lives and properties. In order to prevent the disastrous aviation accident as such, it is essential to conduct the accident investigation in a specialized, systematic and scientific manner. In search for the method to attain the effective function of the aviation accident investigation organization, in this study, issues were examined as follows: The full-time Board Members and the establishment of an integrated investigation agency, The systematized security of status as an accident investigator, Inclusion of a human factors specialist in the investigator group organization, liability limit of an accident investigator Stipulation of the definition and the investigation scope of an accident and serious incident, along with the main body of conducting the investigation into the accident involving both civil and public aircraft, in the regulations related to the accident investigation.

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A Legal Study on the Legal Regulations and the Attitudes of Cases in the Hospital Owned by Non-medical Personnel (사무장병원에 대한 법적 규제와 판례의 태도에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.33-67
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    • 2020
  • The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

A Comparative Analysis of Major Oil Spill Compensation Systems in France, Spain, and Korea - In the Case of M/T Erika, Prestige, and Hebei Spirit - (프랑스.스페인.한국의 대형유류오염손해배상제도에 관한 비교연구 -에리카호.프레스티지호.허베이스피리트호를 중심으로-)

  • Cho, Dong-Oh;Mok, Jin-Yong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.14 no.3
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    • pp.177-181
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    • 2008
  • In this study, the authors analyzed the limit of IOPC Fund system, such as limit of compensation, amount of FC, long period of assessment by IOPC Fund, issue of non verification by poor claimant or small business, issue of poor claimant subsistence in early stage of accidents, and comparatively analyzed how the three countries resolved these limits by enacting special laws and government policy. Until recently most governments have carried out prevention policy for maritime safety, oil spill response, investigation of maritime accidents, and restoration of marine environment when oil spill accidents happened. However, governments have not actively participated in the oil spill compensation process because it is a matter of private sectors between the polluter and claimant. The governments have only limited their role in ratifying Civil Liability Convention and Fund Convention and enacted relevant domestic laws. However, the governments of France, Spain, and Korea have actively participated in the compensation process of oil pollution incidents of M/T Erika, M/T Prestige, and M/T Hebei Spirit. This is because they had experiences of unsuccessful compensation in M/T Amoco Cadiz, M/T Agean Sea, and M/T Sea Prince.

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A Review of the Legal Responsibility of Dog Owners regarding Dog Bite Accidents - Focused on a Comparison with American Dog Bite Legislation - (개물림 사고에 대한 소유자의 법적 책임에 관한 소고 - 미국의 개물림 법제와의 비교를 중심으로 -)

  • Baek, Kyoung-Hee;Shim, Young-Joo
    • 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.

MAGIC: GALILEO and SBAS Services in a Nutshell

  • Zarraoa, N.;Tajdine, A.;Caro, J.;Alcantarilla, I.;Porras, D.
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • v.1
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    • pp.27-31
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    • 2006
  • GNSS Services and Applications are today in permanent evolution in all the market sectors. This evolution comprises: ${\bullet}$ New constellations and systems, being GALILEO probably the most relevant example, but not the only one, as other regions of the world also dwell into developing their own elements (e.g. the Chinese Beidou system). ${\bullet}$ Modernisation of existing systems, as is the case of GPS and GLONASS ${\bullet}$ New Augmentation services, WAAS, EGNOS, MSAS, GRAS, GAGAN, and many initiatives from other regions of the world ${\bullet}$ Safety of Life services based on the provision of integrity and reliability of the navigation solutions through SBAS and GBAS systems, for aeronautical or maritime applications ${\bullet}$ New Professional applications, based on the unprecedented accuracies and integrity of the positioning and timing solutions of the new navigation systems with examples in science (geodesy, geophysics), Civil engineering (surveying, construction works), Transportation (fleet management, road tolling) and many others. ${\bullet}$ New Mass-market applications based on cheap and simple GNSS receivers providing accurate (meterlevel) solutions for daily personal navigation and information needs. Being on top of this evolving market requires an active participation on the key elements that drive the GNSS development. Early access to the new GNSS signals and services and appropriate testing facilities are critical to be able to reach a good market position in time before the next evolution, and this is usually accessible only to the large system developers as the US, Europe or Japan. Jumping into this league of GNSS developers requires a large investment and a significant development of technology, which may not be at range for all regions of the world. Bearing in mind this situation, MAGIC appears as a concept initiated by a small region within Europe with the purpose of fostering and supporting the development of advanced applications for the new services that can be enabled by the advent of SBAS systems and GALILEO. MAGIC is a low cost platform based on the application of technology developed within the EGNOS project (the SBAS system in Europe), which encompasses the capacity of providing real time EGNOS and, in the near future, GALILEO-like integrity services. MAGIC is designed to be a testing platform for safety of life and liability critical applications, as well as a provider of operational services for the transport or professional sectors in its region of application. This paper will present in detail the MAGIC concept, the status of development of the system within the Madrid region in Spain, the results of the first on-field demonstrations and the immediate plans for deployment and expansion into a complete SBAS+GALILEO regional augmentation system.

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