• Journal of Arbitration Studies
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• 제27권2호
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• pp.3-18
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• 2017

International legal reviews on ISD, a procedure for resolving disputes under the Korea-US FTA, are examined from the perspective of law. If the ISD system does not exist, even if the investor suffers damage due to the illegal act of the host country, he or she must file a lawsuit through the court of the host country, which is unreasonable from the investor's point of view and makes it difficult to guarantee fairness and transparency. Some of the Koreans pointed out that there are some problems with the KORUS FTA dispute settlement regulations, and that the United States federal courts are taking a friendly attitude to the decisions made by the US Customs in determining the dispute by the KORUS FTA Agreement and the US Customs Act. In cases where the State does not violate international law but results in harmful consequences, the responsibility of one country is borne by the treaty. Foreign investment always comes with many challenges and risks. Therefore, the ISD system is a fair and universal arbitration system, which is considered to be a necessary system even for protecting the Korean companies investing abroad. In the investment treaty, compensation for the nationalization of foreign property and reimbursement under the laws of the host country were dissatisfied with foreign investors. In particular, some Koreans have pointed out that there are some problems in the KORUS FTA dispute resolution regulations and there is a need for further discussion and research. Based on the experiences and wisdoms gained in the course of Korea-US FTA negotiations, the dispute arbitration mechanism is urgently needed to reduce the possibility of disputes and to make amicable directions.

• Journal of Soil and Groundwater Environment
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• 제10권6호
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• pp.1-9
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• 2005

Soil is polluted by an agricultural chemicals, the effluence of a crystal and sewage sludge, illegal discharging of waste water or waste matter and so on. Soil pollution that accompanies a groundwater and the crops contamination has a large effect on people's living. By polluters pay principle, when a soil was polluted, polluters take the responsibility of clean-up and compensation for damages. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The concerned parties of purification liability in a soil pollution are polluter, an owner or occupant of a contaminated site, and a grantee. But when we do not appoint the polluter or he cannot do a cleanup, municipal must put in effect the purification. In such a case, another parties who are related to the contamination should take upon themselves a liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender.

• The Korean Journal of Health Service Management
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• 제4권1호
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• pp.145-156
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• 2010

The purpose of this study is one of high price medical equipment wished to grasp propriety factor about the MRI introduction, analyzing payability through cost accounting into compensation. It was investigated from January 1 to December 31, 2007 about the MRI of a General Hospital. Expectation availability was 23.2 cases, but actual availability did achievement more than 196.1% with 45.5 items. It is estimated that there are a lot of occurrence cases because great reasons that actual availability increases more than expectation availability is excellent resolving power than a CT, and is device that prefer to reason back that radiation damage is less in person body. The followings show the main results of this study. 1. The MRI was construed in order of cost accounting, wave and personnel expenses 45.4%, administrative expenses 53.0%, and material costs 1.6%. 2. According to CVP (Cost-volume-profit) analysis, BEP (Break Even Point) profit is 173,931,428 won for 11 months, and break even usage number of items are 37.5 cases, and separation usage number of items were confirmed by 1.4 cases. Therefore, was construed that can achieve BEP within 11 months though usage number of items keeps 1.4 items day to create the MRI's hospital operation profit. 3. Estimated limit profitability appears high by 96.7%, exceed fixed charges even if when is non-benefit and when it is benefit consider variable, is judged that the MRI's addition induction helps in hospital management enhancing earning rates.

• The Journal of the Korea Contents Association
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• 제17권4호
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• pp.95-107
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• 2017

Since disasters have been getting stronger and wider according to the influence of climate change, those impacts on social and national economy have been also getting more severe in various subjects. However, as direct property damage as well as casualties are only measured in case of disasters, monetary figures on its losses are likely to be underestimated, which are known as a major barrier to both compensation for loss and making a regional disaster management plan. Thus, the main purpose of this study is to develop statistics appropriate to the direct and indirect socioeconomic losses, which have continuously been overlooked. To achieve this purpose, this study defines the scope of direct and indirect socioeconomic losses, provides a framework for developing those measurements, and determines a preliminary statistics list. Selection criteria to set the final list are decided and are then applied to the list. The result of this study can be used as basic data for further studies to estimate and calculate its socioeconomic losses from storm and flood.

• Korean Journal of Construction Engineering and Management
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• 제18권4호
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• pp.48-56
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• 2017

Construction Projects have many participants by characteristic, scale and contract. Those also have complicated communication structure. So, claim and dispute occur continuously for conflicting communication. In many claim and dispute cases, it usually occurs between builder and owner. Unfair practices by owners position cause main claim and dispute. This study analyses judgment type, cause and compensation ratio in korean commercial arbitration case and provides the dispute information for builder that has weak position by contract. It draws analysis information for managing and controlling dispute that order type, judgement type, cause and failure case. Using these analysis information, it hopes to help inducement of dispute agreement and save time and economic damage for builder during construction. It also hopes to rise construction completeness by providing dispute management information.

• Korean Journal of Optics and Photonics
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• 제19권2호
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• pp.132-139
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• 2008

In scanning laser optical tweezers, high speed scanning stages are used to manipulate a laser beam spot. Due to the inertia of the stage, the output scanning signal decreases with increased frequency of the input signal. This discrepancy in the signals is difficult to observe since most of the energy from the laser beam is blocked out to avoid CCD damage. In this paper, we propose two methods to alleviate these problems. Firstly, frequency responses of piezo stages are measured to analyze the signal drops and the input signal is compensated accordingly. Secondly, an overlay of the scanning path is drawn on the live monitoring screen to enhance the visibility of the scanning path. The result is a drop-compensated scanning with clear path view.

• Korea Journal of Hospital Management
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• 제18권3호
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• pp.106-125
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• 2013

Medical litigation, as a method of resolving medical disputes, has been a huge burden on both the patient and medical institution as it is both costly and time-consuming. The Korea Medical Dispute Mediation and Arbitration Agency has created a dispute mediation process as a method of alternative dispute resolution(ADR). Being in its early stage of implementation, there are still areas requiring improvement as some functions overlap with the Korea Consumer Agency's damage redress and mediation process. This study examines the problems of existing practices in medical litigation while reviewing the mediation process of the two agencies from legal/administrative aspects, and provides an in-depth analysis of the situation through case studies and interviews. While the Korea Medical Dispute Mediation and Arbitration Agency offers many advantages in resolving medical disputes, there must be a distinct division of roles and mutual cooperation with the Korea Consumer Agency. Considering the increasing amount of compensation in medical disputes, medical professionals are being requested to carry medical malpractice insurance. However, this has yet to become a general trend in the medical field despite the growing social demand. As such, the coverage of medical malpractice insurance should be expanded to prevent medical accidents from escalating into medical disputes, thus acting as a social safety net. This study seeks to examine the methods of medical dispute resolution and to allow institutional provisions to reduce the social costs arising from such disputes.

• Journal of Arbitration Studies
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• 제19권1호
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• pp.121-145
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• 2009

South Korea has investment agreements such as FTAs, BITs with several countries. Up to now, no single case has been registered against the Korean government on breach of investment agreements, but it is likely that the number of such cases would increase. Therefore, an investor-state dispute settlement system, an arbitral procedure by which a foreign investor may seek compensation of damage against the host country, is gaining its importance. The provision of the ISDS has been one of the hottest issues in Korea while the Kor-US FTA was being signed. In this respect, with the growing number of regional agreements such as BITs and FTAs, a careful scrutiny on the ISDS is necessary for Korea. I have therefore studied theoretically subjects including the National Treatment(NT), the Most-Favored Nation(MFN), Fair and Equitable Treatment and Expropriation - those that have been the objects of protection on investors. And I have analyzed ICSID arbitral awards and provided implications. In the ICSID arbitral awards, the Fair and Equitable Treatment turned out to be the most recognized violation on investors by the host State in terms of investor protection. On the other hand, Indirect Expropriation - a matter of which public anxiety was shown led by civic groups - was not generally recognized in arbitral awards. This study is written for sake of governments, local autonomous entities and public enterprises that are in charge of FTAs and BITs.

• Journal of Arbitration Studies
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• 제10권1호
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• pp.92-113
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• 2000

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. The goal of products liability system should be to maximize consumer welfare by efficiently providing just compensation for injuries incurred and deterring future injuries without unreasonably impeding the supply of the goods and services to consumers. Some advanced countries, apart from relying on products liability systems, also apply other policies and legislation directly aimed at the safety of the consumer. The application of general safety policies as well as products liability rules is not costless. An efficient system will not eliminate risk from society. An efficient system ... that maximises consumer welfare ... maximises the benefits while minimising the costs. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction where the claim is based. In view of international business and law circumstances, it should be stressed that international enterprises in Korea should consider how to cope with the situation of international transaction. International enterprises should have a correct perception about products liability which is to contribute the stabilization and improvement of the people's life and the sound develpement of the national economy. Products liability system creates incentives that influence behaviour and performance in ways that are desirable, such as more diligent monitoring to prevent defective products from reaching the market-place. At the same time, any liability system will impose burdens that are undesirable, such as greater costs imposed on business and consumers and reduced avaiability of consumer goods. The concern for society is to balance. The ideal situation is where the cost imposed on producers of goods and services pushes them to a desirable level of care but not so far that producers reach undesirable level of caution that may deprive consumers unnecessarily of the benefits from new and innovative products.

• The Korean Society of Law and Medicine
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• 제14권2호
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• pp.143-172
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• 2013

In order to achieve the purpose of treatment for patients by a doctor, the instruction explanation obligation, which means that he should give patients the description in more details to prepare for postoperative sequelae or complications, is common with the advice explanation obligation as a doctor should ex-plain some information to patients. Since the advice explanation obligation is the benefit and protection of the law for self determination right, but the instruction explanation obligation is one for the integrity of body and life, one can be distinct from the other. Judgments giving the instruction on the concept of instruction explanation obligation, specific methods of implementation and a range of compensation for damage are recently being made by courts at all levels including the Supreme Court. It is the time to systematize them. The contents which have been mainly discussed so far include the essence of above mentioned instruction explanation obligation. However, when the tendency of practice is considered, the efforts are required to admit the organic relevance between instruction explanation obligation and advice explanation obligation and to explain the relationship without any contradiction. For whereabouts of li-ability of proof, patients theoretically demonstrate the failure to implement it. However, when the theoretical consistency is maintained, it is likely to fail the intent to recognize the instruction explanation obligation and it may ask patients to prove something impossible to be proven. Thus, these things should be considered. Moreover, as the instruction explanation obligation is associated with medicine instruction obligation of a pharmacist and the coverage is being extended, it is the time to require the systematic study on the theoretical limit.