• Journal of Environmental Health Sciences
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• v.48 no.1
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• pp.19-27
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• 2022

The industrial development and socioeconomic structures of a society are inextricably linked to occupational accidents and diseases. Since the 1970s, a series of major occupational diseases have occurred in South Korea, such as mercury poisoning in Munsong-myeon, carbon disulfide poisoning at Wonjin Rayon, and leukemia at Samsung Electronics. These incidents have caused us to take a critical look at the level of worker safety and health management within companies and the government. These serve as symbolic and representational events. Doctors, lawyers, and labor activists concerned about employee safety and lives came together for years to struggle with the government and industry in order to determine what caused the diseases and to obtain compensation for victims. They finally achieved recognition for occupational diseases and recompense for losses. It is difficult to find similar cases to the baby powder asbestos talc cases and the radon bed case internationally, or there is no case where such a large number of consumers have been potentially harmed. It is also difficult to prove that the damage took place due to the victims' diverse geographic locations and ages, as well as the disease's long incubation period. Based on this premise, businesses and the government have been apathetic in acknowledging these diseases and compensating for damages, with few practical outcomes. Furthermore, unlike the large-scale occupational disease cases, only a few people including expert groups were organized and actively participated in the settlement of these issues, so it remains unfinished business for our society to address.

• Asia pacific journal of information systems
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• v.28 no.3
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• pp.154-166
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• 2018

As the number of online privacy incidents are increasing, lawsuits related with personal information infringements have been also growing as well. However, there are large differences between a plaintiff and a defendant to determine the amount of payment for damages from the incident. After the verdict was made, a plaintiff is not satisfied with the amount of compensation, whereas a defendant usually tries to their best to reduce the payment amount. This is because the value for personal information are hardly assessed exactly. In addition, there is no criteria for calculating the price of the information itself. Since the development of information technology enables the firms could collect and use any piece of information to identify a particular individual, the range of personal information has been also broadening. Based on these phenomenon, this study tries to grouping the types of personal information and exploring the perceived value of types of information. Therefore, this study could provide a foundation for narrowing the gap of the value of personal information between the firm and the defendant. Through AHP (Analytic Hierarchy Process), this study finds out that people usually value more on biometrics information, medical records, and criminal records whereas weigh less for email address and date of birth.

• Journal of Electrical Engineering and Technology
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• v.11 no.2
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• pp.285-299
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• 2016

Although South Korea experienced a rolling blackout in 2011, the possibility of a blackout in South Korea continues to increase due to rapid electrification. This study examines the problems of energy taxation and price distortions as possible reasons for the rapid electrification in South Korea, which is occurring at a faster rate than in Japan, Europe, and other developed countries. Further, we suggest new energy taxation and price systems designed to normalize electricity prices. In order to do so, we consider two possible scenarios: the first imposes a tax on bituminous coal for electricity generation and the second levies a tax to provide compensation for the potential damages from a nuclear accident. Based on these scenarios, we analyze the effects of a new energy system on electricity price and demand. The results show that a new energy system could guarantee the power generation costs and balance the relative prices between energy sources, and could also help prevent rapid electrification. Therefore, the suggested new energy system is expected to be utilized as a basis for energy policy to decrease the speed of electrification, thus preventing a blackout, and to induce the rational consumption of energy in South Korea.

• Journal of the Korean Institute of Navigation
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• v.25 no.1
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• pp.33-44
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• 2001

Tankers have somewhat different shapes in construction and working condition compared with normal merchant ship. If an accident occurs, normal merchant ship's damages will mostly be confined to ship and cargo, but those of tankers will result in oil spills and catastrophic loss beyond our imagination. So, first we must understand risk factors, pre-loss control and post-loss control, legal regulations about its indemnification and marine insurance for oil tanker operation. When unexpected accidents happen, despite pre-loss control, it is possible to cover those kinds of losses by insurance. To control these losses, however, it is important to establish compensation for oil pollution and arrange for oil pollution preventing system. In spite of these oil pollution preventing systems, we have rarely seen that pollution from oil tankers could be solved. So this paper was studied more fundamental and overall control measures for the risk management of oil tanker operation.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.101-109
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• 2010

Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

• International Commerce and Information Review
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• v.8 no.1
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• pp.243-257
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• 2006

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.133-173
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• 2011

Since mid-1960s the reports from the Surgeon General, the World Health Organization, and other health experts state that there is no risk-free level exposure to smoking and secondhand smoke. Tobacco smoke is made up of more than 7,000 chemicals. Hundreds are toxic, and at least 70 are carcinogens. The chemicals in tobacco smoke reach smoker's lungs quickly every time smoker inhale causing damages immediately. Inhaling even the smallest amount of tobacco smoke can also damage smoker's DNA, which can lead to cancers. Smoking is responsible for more than 87% of lung cancers, but there are a host of other chronic diseases directly related to exposure to tobacco smoke. It's also a major cause of heart disease, stroke, aortic aneurysm, peripheral arterial disease and most of the other diseases. In the United States, each year with more than from 440,000 to 520,000 deaths caused by smoking and exposure to involuntary smoke. They conclude that smoking is the single most important source of preventable morbidity and mortality. The United States of America have about 60-year history of tobacco litigation. Tobacco litigation has been an important tool in tobacco control strategies aimed at limiting the activities of tobacco companies and providing redress to people who have become ill as a result of their use of tobacco products. Tobacco litigation is a kind of tort litigation. Quite often, as in the asbestos and other mass tort litigation episodes, tobacco litigation can play an educational role, warning the public about the magnitude of health risks that might otherwise be less clearly perceived. Tobacco litigation allows smokers, their families or other victims of smoking to sue tobacco companies in order to be compensated for the harm they have suffered. Potential benefits of tobacco litigation include compensation for smoking-related damages, strengthening regulatory activity, publicity, documents disclosure and changing tobacco industry behavior. And also tobacco litigation can limit the political activities of tobacco industry, protect human rights of smokers and non-smokers, increase burden to tobacco price-up and enhance the effects of law and politics in public health.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.83-122
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• 2014

Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.383-422
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• 2008

Considering above, It might be efficient that medical disputes would be settled by the intervention, the agreement, and the administrative relief that reflect mediators' opinion, who have rich social experience as well as specialized knowledge. Therefore, KCA needs to strengthen its function of mediation and improve relevant systems to become an effective settlement institution. And although Oriental medicine disputes have mainly given ex post facto explanations so far, administrative efforts such as policy development or legislation should be made for the high quality of Oriental medical services offered because an efficient way saving social or economic costs caused by the dispute would be precautionary measures. The traditional Oriental medicine is featured with the lack of baseline examination, the uncertainty of medical mistakes, the difficulty in clarifying and proving facts, the hardship of injury conformation and causality because of the characteristics of Oriental medicine, and the relative lightness of physical damages. Actually, there has been few legal settlements in Oriental medical disputes since the compensation, itself, compared to the lawsuit cost, is relatively much lower without practical benefits.

• Korean Journal of Human Ecology
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• v.14 no.4
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• pp.577-592
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• 2005

This study analyzes the comsumer complaints that are listed on bulletin board (or Q & A page) of mobile game sites in order to search for comsumer problems in the contents of mobile games. This analysis includes 3,664 cases of complaints on 17 mobile game sites. The finding indicates that they can be categorized into 10 types of complaints: game errors, how to play, game quality, game capacity, fee inquiry, excessive fees, lack of information, refund, unfulfilment of promises, game support. The problems with the game itself account for 54.8% of total complaints, and unsatisfaction from game fees and others take up 25.5% and 19.7% respectively. Therefore, we suggest that first, the quality of mobile games and consumer education be improved, second, information about game fees be provided to consumers more sufficiently in a proper manner, and lastly pertinent regulations on consumer damages compensation and adhesion contracts be established.