• The Korean Society of Law and Medicine
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• v.14 no.2
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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.

• The Journal of Korean Academy of Prosthodontics
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• v.54 no.2
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• pp.160-166
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• 2016

Although physiologic abrasion in normal range need not to be corrected, when hard tissue of teeth are worn abnormally fast, it can cause severe damage and destroy esthetics and, functional structure of occlusion consequently. To establish a correct occlusal plane and space for the patient with worn dentition, it is necessary to increase vertical dimension. However, actual occlusal vertical dimension remains unhanged with compensation for the increase of alveolar bone height equivalent to the decrease of teeth length. A 74-year-old male presented with worn dentition and fractured tooth. Based on the assessment of OVD including clinical findings, full-mouth rehabilitation without increase of OVD was planned. This case presents that a satisfactory clinical result was achieved by restoring the worn dentition without changing occlusal vertical dimension.

• Journal of Sensor Science and Technology
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• v.23 no.3
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• pp.178-184
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• 2014

Key components of implantable hearing aids are consist of an acoustic sensor that collect external sound by suppressing the body noise, a signal processor module for compensation algorithm of hearing loss, and a output transducer which has tiny size but have high efficiency, respectively. In the partial implantable hearing aids, technologies of transducer and signal processor are so matured that can be applied not too much difficulty. However, due to the difficulties in implantable acoustic sensor technology, such as minimization of masticatory sound and damage of sensor's membrane from external impact, practical use of fully implantable hearing aids have not successful so far. In this paper, we have proposed a novel implantable acoustic sensor which has trans-tympanic structure, and is verified that the proposed method can be very useful for fully implantable hearing aids by cadaveric experiments.

• Steel and Composite Structures
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• v.34 no.4
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• pp.487-497
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• 2020

During the last few decades, fluid viscous dampers have been significantly improved in terms of performance and reliability. Viscous dampers dissipate the input energy into heat and the increased temperature may damage internal seals of the damper. As a result, thermal compensation is crucial for almost all fluid viscous dampers. In this study, while referring to the main working principles of the recently developed bypass viscous damper in Iran, a comprehensive case study is conducted on a RC building having diagonal braces equipped with such viscous dampers. Experimental results of a small-scale bypass viscous damper is presented and it is shown that the currently available simplified Maxwell models can simulate behavior of the bypass viscous damper with good accuracy. Using a case study, contribution of bypass viscous dampers to seismic behavior of structural and non-structural elements are investigated. A designed procedure is adopted to increase damping ratio of the building from 3% to 15%. In this way, reductions of 25% and 13% in the required concrete and steel rebar materials have been achieved. From nonlinear time history analyses, it is observed that bypass viscous dampers can greatly improve seismic behavior of structural elements and non-structural elements.

• Korean Journal of Construction Engineering and Management
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• v.13 no.1
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• pp.36-43
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• 2012

When the construction management method was introduced, there were arguments regarding the contractual responsibility of the construction manager. Accordingly, the provisions on damage compensation in the Construction Technology Management Act were revised in 2002, and the obligatory duty of care of a good manager is now required by the Framework Act on the Construction Industry. Even though the construction manager has a responsibility of a consultant in the CM-for-fee contract, however, the Korean construction environment does not clearly specify the consultant's scope of responsibility. In this study, the theory about the duty of care, which is a consultant's responsibility among the expert's responsibilities, was arranged. Based on the responsibilities of experts such as lawyers, the duties of care of a good manager of the construction manager were presented to provide the foundation for establishing the construction manager's responsibilities. To verify the resulting items, interviews with experts were performed to assess their importance levels.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.153-184
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• 2003

‘Schiedsgutachten’ is more of a law phenomenon that appears frequently in privity of contract rather than a concept that is .generally established in the positive law. There is no definition of this in the positive law which makes it difficult to put a finger on the concept but when the concerned party of the conflict puts the establishment of a fact that is a premise to the legal relationship or the right about the legal right's content or the supplementation of the legal relationship to a third party and makes an agreement to follow the third party's judgement, the process is called the contract of schiedsgutachten. At this point, the judgement of the third party is called the schiedsgutachten. This thesis strives to search for an activation of the schiedsgutachten system in Korea by analyzing and researching the systems in various European countries including Germany where the above mentioned schiedsgutachten system is relatively well-developed. First of all, the three types of schiedsgutachten in the German law will be looked into. Based on this, the theories and judicial precedents of Swiss law, French law, Italian law, and British law will be looked into as well. By doing this, similarities and distinction standards between the various countries' legal systems will be further analyzed. Along with this, the legal qualities and the binding power of the schiedsgutachten will be searched out. In Korea, the term schiedsgutachten itself is not customary as the system itself is not actively being carried out. However, in car damage compensation lawsuits which occupy a big percentage, if the schiedsgutachten system were to be used, the problem would be easily solved without progressing to lawsuits. Korea should actively seek out this system with the various models of different countries including Germany which has been introduced in this thesis as a model.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.31-47
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• 2008

An arbitrator's duty shall be independence and impartiality such as a judge who has procedurally absolute position. Independence is the freedom from others, impartiality is the status of having no-partial condition. Although these show relevance between independence and impartiality, in actuality, it is not easy to prove them. Therefore, arbitrator has to prove his or her position by opening the public of reality and by having an obligation of notification. Each country which applies Arbitration rules or Arbitration act stays the same as Korean Commercial Arbitration Board does. Hence, each country has the moral principles in order to establish a standard of judgement for essential factors and requests preferentially the impartiality and the publicity. In reality, court of justice in England excludes arbitrator who has the close relation to a person concerned. Justice in France cancelled an authorization of arbitrator because of having the economic interest to the person concerned. And also, In United States, Federal Court reverses an arbitration judgment without giving any partiality to a person concerned because of not opening a public about the relationship between arbitrator and a person concerned. Therefore, decision basis of the independence and the impartiality is standardized by the economic interest of a person concerned, professional relation, society connection, relationship between arbitrator and arbitration representative in the same case while in process of arbitration, arbitrator's nationality If arbitrator does not keep the independence and the impartiality by a position of judge, he or she has to make responsible. this duty is divided by two things: civil case and crime case. and if arbitrator does break this responsibility, he or she will get the cancellation of judge and compensation of damage. However, Korea is placed in the real circumstance without judge precedent and moral principles including the independence and impartiality. In order to getting the good reputation of international arbitration institution, this country will have to enact principles of the independence and impartiality for arbitrator.

• Journal of Digital Convergence
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• v.10 no.7
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• pp.153-159
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• 2012

The Hebei Spirit oil pollution accident which occurred in Tae-an in 2007 has brought considerable impacts on the surrounding environment such as struggles among the regions and the residents in the damaged area as well as devastation of local economy and ocean environment. The majority of the impact was related with economic problem. Also, the main factor to cause the regional community conflict was found to be firstly economic problems and secondly the insufficiency of government's management system and policy measures for the community conflicts. Therefore, the government's policy to overcome oil accidents should focus on improvement of the economic support systems and conflict resolution. In this study, the support policies taken by government after the Hebei Spirit accident was examined and responsive policies which can be used by government in future accidents are suggested.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.155-175
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• 2007

As intellectual terror threats increase, we feel the limit in coping with those threats and the things we do are placing traditional X-ray machines & ETD and increasing aviation security staffs. In fact, even if air transportation system is the fast and most efficient transportation methods, it is true that there are many inconveniences to endure due to terror threats. In the name of security, even if we make a lot of efforts and time to screen both good-natured passengers, baggage, cargo and suspicious passengers, it is impossible to screen perfectly and it is not an efficient methods. Therefore, we introduce profiling system that reduce the effort to screen good-natured passengers but focus on screening dangerous passengers and baggages. Profiling system strengthens aviation security, using the concept "Selection & Concentration". Israel started to introduce manual profiling system in aviation security, which is interviewing suspicious passengers and it has been used in crime investigation since 1960. And it has been upgraded and diversified to CAPPS(Computer Assisted Passenger Screening Program) and SPOT(Screening Passenger by Observation). So, this theses is to study on the concept & kind of profiling and profiling methods adopted in airlines. Also it presents the method of introduction of profiling system in Korea and the necessity of making law on it.

• Journal of the Korean Society for Railway
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• v.16 no.3
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• pp.233-239
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• 2013

This paper studied the stress of Metropolitan Transit driving crews. Stress to such workers can not only lead to fatalities and infrastructure damage but also enormous loss of competitiveness. The study was carried out to search for ways of alleviating stress of driving crews. In order to reduce the various factors that exacerbate job stress of driving crews of Metropolitan Transit, it is first necessary to expand training in order to enhance their expertise, and improve facilities to protect driving crews in the event of accidents. Second, psychological compensation or organization's systems may cause job stress. It may therefore be possible to solve fundamental problems through typical organization level approach such as leadership training programs. Third, job stress may be reduced through proper life habits such as personal regular exercise. Fourth, we need to improve driving crews' working conditions and adjust working hours by avoiding excessive performance competition and an unfair evaluation system, by understanding their mental states, and by setting up systems such as a comprehensive health improvement and management program at the organization level.