• Korean Journal of Construction Engineering and Management
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• v.20 no.6
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• pp.3-10
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• 2019

The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

• Nuclear Engineering and Technology
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• v.40 no.1
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• pp.9-20
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• 2008

Since plutonium accounts for 40-50% of the power produced by uranium fuels, spent fuel contains only residual plutonium. Management of this plutonium is one of the aspects influencing the choice of a fuel cycle back-end option: reprocessing, direct disposal or wait-and-see. Different grades and qualities of plutonium exist depending from their specific generation conditions; all are valuable fissile material. Safeguard authorities watch the inventories of civil plutonium, but access to those data is restricted. Independent evaluations have led to an estimated current inventory of 220t plutonium in total (spent fuel, separated civil plutonium and military plutonium). If used as MOX fuel, it would be sufficient to feed all the PWRs and BWRs worldwide during 7 years or to deploy a FBR park corresponding to 150% of today' s installed nuclear capacity worldwide, which could then be exploited for centuries with the current stockpile of depleted and spent uranium. The energy potential of plutonium deteriorates with storage time of spent fuel and of separated plutonium, due to the decay of $^{241}Pu$, the best fissile isotope, into americium, a neutron absorber. The loss of fissile value of plutonium is more pronounced for usage in LWRs than in FBR. However, keeping the current plutonium inventory for an expected future deployment of FBRs is counterproductive. Recycling plutonium reduce the required volume for final disposal in an underground repository and the cost of final disposal. However, the benefits of utilizing an energy resource and of reducing final disposal liabilities are not the only aspects that determine the choice of a back-end policy.

• Journal of the Korea Society of Computer and Information
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• v.23 no.11
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• pp.167-173
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• 2018

The Korean government announced its goal of commercializing autonomous vehicle by year 2020. With such changes, it is expecting to decrease car accident mortality by half. To commercialize autonomous car, not only worries on safety of autonomous vehicle has to be solved but at the same time, institutional system has to be clear to distinguish legal responsibilities in case of accident. This paper will present the legal improvement direction of the introduction of autonomous vehicles as follows. First, it is necessary to re-establish concept of 'driver' institutionally. Second, it is appropriate to focus on Level 3 autonomous vehicle which is about to be commercialized in year 2020 and organize legal responsibility. Third, we should have a clear understanding on how level 3 autonomous vehicle will be commercialized in the future. Fourth, it is necessary to revise The Traffic Law, Act on Special Cases concerning the Settlement of Traffic Accident, and Automobile Accident Compensation Security Law in line with level 3 autonomous vehicle. Fifth, it is necessary to review present car insurance system. Sixth, present Product Liability Law is limited to movable products (Article 2), however, it is necessary to include intangible product which is software. Seventh, we should review on making special law related to autonomous car including civil, criminal, administrative, and insurance perspectives.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.19 no.1
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• pp.107-120
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• 2020

This study aims to analyze the importance of key elements and clauses of the preliminary ethical guideline for Automated Vehicles(AV) using the Analytic Hierarchy Process(AHP). Reflecting previous researches on AV ethical guideline, we developed the questionnaire for the AHP survey. According to the AHP results of key elements and detailed clauses, Protecting human dignity and life are most important as a top priority in overall clauses. Also, clauses related to the user's liability are high priorities, but clauses related to the administrator's liability are low priorities. These results implied that the government should enact a law and draw up an ethical guideline in a neutral attitude to respect the private areas and enjoy the public interests. In order to declare Korean ethical guidelines and improve social acceptance, it is necessary to conduct a seminar and make an educational program, also gather the opinions of citizens and experts.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.213-260
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• 2009

While the medical supplies have positive functions such as extending lifespan, recovering health, and preventing diseases, they also cause unexpected tragic consequences due to their side effects, and the magnitude of such damage inevitably increases due to the mechanism of mass production, mass distribution, and mass consumption of those medical supplies. Therefore, needless to say, the optimal way to prevent or reduce such damage is rather through medical supply manufacturers' producing non-defective products, or through the government's controlling production and sales of medical supplies with more aggressive exercise of regulatory authority on medical supply manufacturers, than through a remedy by a legal relief after using medical supplies. In this case, although the victim died due to the defect of the cold medicine, 'CONTAC 600', the drug company's responsibility to cover damages was not recognized because a defect could not be found in the then-manufacturing process. Thus, while pharmaceutical companies are gaining economic profits by producing and selling a medical supplies, if they do not take any remedy measures for the victims of their products' side effects, the victims have to use medical supplies under their own responsibility of taking a risk, and they have to accept the full damage of the potential consequence. Therefore, to remove such absurdity and contradiction, and to practically remedy the victim of medical supplies' side effects, the pharmaceutical side effects remedy project pending in the the Drugs, Cosmetics and Medical Instruments Lawneeds to be actively implemented.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.133-170
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• 2022

Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

• Health Policy and Management
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• v.1 no.1
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• pp.72-94
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• 1991

The number of disputes between physicians and patients caused by medical malpractice are showing a sharp increasing over the past several years. The disputes on medical malpractice may be resolved either in court or by direct negotiation between both sides concerned. There are no special acts relating to the civil or penal liability of the physicians in Korea. The medical disputes are decided merely through legal technicalities and without reference to actual medical practice. The current system which does not compensate injured patients adequately or equitably leads to taking a long time consuming for dispute resolution processes. The things make worsed, the problem is due to not being of insurance system or a proper funds for compensation. This research proposes a outline of new and comprehensive alternative for these problems and failure of conventional resolution of medical disputes. So far, we have learned lessons from the excperiencies of resolving medical malpractice disputes of Japan and the United States. The proposal first calls for an administrative arbitration and pretrial screening panels as a condition precedent to trial. The proposal also includes to facilitate with the funds for compensating the injured.

• Journal of the Korean Professional Engineers Association
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• v.33 no.2
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• pp.18-21
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• 2000

As consumer, one of the most important things how to get manufactured good is an assurance of quality. We have a consumer protection law which is weaker than product liability law(so called PL law), but stronger than civil law. In this special issue, we want to explain PL law which will be legislated within not long time and to propose a method of protection and defence in building and housing field. As the quality control of constructor, ISO 9000 series for quality assurance and CM (Construction Management) for quality assister are concerned in all construction process. Therefore, above mentioned PL law is very serious problems which are applied in apartment housing, if applied, a little part as not real estate will be possible.

• Journal of Fisheries and Marine Sciences Education
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• v.23 no.4
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• pp.723-733
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• 2011

On the general fishing boat in the same person of the fishing Chief and the Captain, the fishing chief positions are not separately. In this case, in Civil, Criminal and Administrative law, does not cause any problems. Just he take only responsibility for the legal effect of each, this is a natural solution for the effects of laws. But, if make one work unit, the fishing chief take fishing work from the position of the dominant of the captain, and moreover throughout the voyage work commands the captain. Such fishing chief center structure have roots institutive. In the case, according to legal liability by presenting solutions to the problem are as follows : firstly, The legal division Of the Sailing courses and operation course are necessary. Secondly, In the adminstrative ship official law, obligatory acquisition of the fishing Chief marine engineer qualification is necessary.

• International Journal of Computer Science & Network Security
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• v.21 no.8
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• pp.224-228
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• 2021

The article is devoted to the problems and prospects of integration of informational technologies in the administration of justice as a necessary component of the development of the informational society in Ukraine. In general, informational technologies make it possible to create new forms of organization and interaction of bodies of public authorities with society, to introduce innovative solutions for legal regulation and organization of public relations. More and more services for citizens are moving to electronic format. Judicial reform is aimed at ensuring more comfortable and convenient interaction with the courts. The need for the usage of informational technology in the proceedings is preconditioned by the global informatization of modern society, the development of new forms of interaction in the civil sphere with the usage of electronic means of communication: the global Internet, mobile, and satellite communication systems and more. "Electronic justice" involves the use of information and communication technologies in the implementation of procedural law.