• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• Journal of Preventive Medicine and Public Health
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• v.28 no.3 s.51
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• pp.678-689
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• 1995

Chromium is one of the representative toxic substance by occupational exposure which damage the mucosa of respiratory tract including nasal septal perforation. The aim of this study is to evaluate the effect of chromium exposure on olfactory function and to obtain the fundamental information about chromium exposure. The authors performed olfactory function test, laboratory tests and questionnaire interview on the subject of three groups, that is, two exposed groups and one nonexposed group from May 1 to June 30, 1994. Exposed group 1 was 15 male workers without nasal septal perforation, exposed group 2 was 15 male workers with nasal septal perforation among 103 workers in 22 chromium plating factories, and nonexposed group was 15 male medical students. The gathered informations were histories of chromium exposure, habits of smoking and alcohol drinking, the concentrations of chromium in serum and urine, and asparate aminotransferase(AST), alanine aminotransferase(ALT), gamma-glutamyl transferase, etc. Olfactory function was checked by T and T olfectometer using phenyl ethyl alcohol(material A), methyl cyclopentenolone(material B), iso-valeric acid(material C), $\gamma$-undecalactone(material D), skatole(material E) and the results were expressed by detection threshold(DT) and recognition threshold(RT). There was a significant difference between exposed groups and nonexposed group in A, B, C, D, E substances by DT and in A, B, C, D substances by RT(P<0.01). The degree of olfactory dysfunction was highest in the exposed group 2 and lowest in the nonexposed group in all five substances by DT and it was same in A B, D substances RT and the difference of RT and DT. As summary, olfactory dysfunction by chromium exposure was recognized and the degree of olfactory dysfunction was higher in the exposed group with nasal septal perforation. Therefore, it would be helpful to apply olfactory function test for the early detection of olfactory dysfunction, and this test would be considered as the basic tool within workers' compensation system.

• The Korean Journal of Financial Management
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• v.23 no.1
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• pp.227-242
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• 2006

This paper analyzes insurance crimes using a game theoretic model. In blackmailing cases involving automobile accidents, insurance criminals deliberately induce innocent drivers(victims) to commit a moving violation such as crossing over the center dividing yellow line, and collide with the victims. After the collision, the criminals and the victims effectively engage in a bargaining game over the amount of the settlement for the damage. Because the penalty for that kind of moving violation is very severe (even criminally prosecuted), the victims do not have much bargaining power. Exploiting the weak bargaining power of the victims, the criminals demand and receive huge compensation (including settlement) from the victims. In the model, it is shown that under the current law agents have perverse incentives leading to insurance crimes. The criminals have incentive to induce car collisions and extract huge settlement from the victims. Based on the analysis, it is suggested that lowering the severity of penalty for certain kind of violation may be needed to prevent insurance crimes, in addition to increasing the crime investigation activities and strengthening punishment for insurance criminals.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.219-263
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• 2011

"Wrongful conception" is a medical malpractice claim in which the plaintiff is the parent of a normal, healthy infant whose conception was unplanned and unwanted. Medical malpractice in wrongful conception can be the result of a failure to provide informed consent to a patient, failure to properly perform a surgery, or a physician's negligent handling of a patient's problems. In the concrete, wrongful conception cases fall into two categories; those involving pre-conception negligence, such as a failed contraceptive, sterilization or failing of the controlling of embryo-number on the IVF, and those involving post-conception negligence, such as a failure to diagnose a pregnancy or to perform an abortion procedure. In addition, Medical malpractice can be the result of a failure to provide informed consent to a patient. When bad results occur by medical malpractice or failure to provide informed consent to a patient, the range of recovery of damages is decided by a traditional civil liability law. However the calculation of damages for wrongful conception is not easy because the high value of life is included in that case. So many courts opinions in foreign country and Seoul High Court decision in 1996 allow damages for the pregnancy, birthing process and sterilization costs, but refuses to allow damages for child rearing expenses. As to the range of recovery of damages for wrongful conception, one approach says that to allow damages in a suit such as this would mean that the physician would have to pay for the fun, joy and affection which plaintiff will have in the rearing and educating of the plaintiff's baby. To allow such damages would be against the dignity of the baby based on article 10 of the Constitution. However another approach says that damages are recoverable for all expenses related to child birth as well as for child rearing costs. Because the damages that the parents should bear a burden to the tort damage done is not a baby itself but child rearing costs. In other words, although the baby is healthy or not, economic burden of the parents can not be disregard. And denial of compensation for costs of child rearing may invalidate the role of liability law, grant the physician with a exemption certificate of liability. As a result, the medical field of procreation can be easily isolated from a liability of reparation. Therefore, on the liability law like the other medical malpractice action, parents who became pregnant or gave a birth by physician, wrongfully performed sterilization operation, etc. should be compensated for all damages relevant to unplanned and unwanted conception or birth as well as costs of child rearing.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.81-111
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• 2018

Recently in Korea, public interest about patient safety has increased because patient safety incidents occurred continuously. In addition, as the way of coping with medical personnel and medical institutions after occurrence of patient safety incident became controversial, the necessity of introducing apology law and disclosure law was raised. We analyzed the contents of apology law and disclosure law in U.S.A and critically examined the legislative movements in Korea. First, the Apology law requires that a medical personnel provide apology, consolation, sympathy to the patient for discomfort, pain, damage or death, and that the expression of apology shall be inadmissible as evidence of an admission of liability in civil action or administrative proceeding. The Apology law is divided into 'full apology law' and 'partial apology law' depending on whether mistake, error, fault, liability, and legal liability shall be inadmissible. Meanwhile, Disclosure law enforces or voluntarily enforces the law to communicate with the patient regarding the disclosure of the incident, the cause of incident, the compensation plan, and the measures to prevent the recurrence in the adverse incident that serious harm to the patient. In Korea, the concern about patient safety incidents has been amplified, and as the importance of communication between the medical personnel and patient has been recognized, the revision bill for the "Patient Safety Act", which adopted the U.S.A apology or disclosure law, was submitted to the National Assembly. The purpose of this study was to critically review the contents of the revised legislation based on the analysis of the apology law and disclosure law in U.S.A. and to provide implications for future legislative direction.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.93-119
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• 2009

Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.

• Journal of Korean Society of Forest Science
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• v.104 no.3
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• pp.495-502
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• 2015

This study intended to provide basic data required in establishing policies for improving the forestry management and the compensation standard for the loss from non-timber forest products by examining the cost of cultivating key medicinal herbs and the earnings from them to analyze the income. According to the income analysis on the cultivation of medicinal herbs, the average annual income per unit area of Adenophora triphylla var. japonica Hara was the highest as it recorded 14,233,000 won/10a and was followed by Pleuropterus multiflorus TURCZ. which recorded 4,121,000 won/10a, Gastrodia elata Blume 3,766,000 won/10a, Epimedium koreanum Nakai 3,537,000 won/10a, Atractylodes ovata (Thunb.) DC. 2,655,000 won/10a, Aralia continentalis Kitagawat 1,048,000 won/10a, Paeonia lactiflora Pallas 1,025,000 won/10a, and Bupleurum falcatum L. 919,000 won/10a. Compared with the income from major nuts and fruits analyzed in 2014, the average annual income per unit area for medicinal herbs was relatively higher. For Adenophora triphylla var. japonica Hara and Aralia continentalis Kitagawat, soots are used for food and the roots for medicine, it appears that it can become a new income source for the farming and mountain villages. Meanwhile, the price for Paeonia lactiflora Pallas is dropping due to Chinese imports, and also damage to the income from other medicinal herbs due to Chinese imports is expected with the implementation of Korea-China FTA in the future.

• 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 Journal of the Korea Contents Association
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• v.20 no.1
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• pp.460-469
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• 2020

Recently, the Supreme Court pointed out that it would be difficult to maintain the existing opinion any more because the overall conditions that were the basis of the past empirical rule were remarkably changed when estimating the lost earnings of a deceased minor. Thus, the court sentenced en banc decision to extend the maximum working age of manual laborers under the empirical rule to 65 years old. The significance of this ruling is to put an end to social confusion caused by courts' different sentences on the maximum working age under the empirical rule depending on lower court decision, and also to acknowledge the maximum working age of physical laborers by applying the new empirical rule in accordance with entering the aged society. It is still unfortunate to conclude the maximum working age as a specific age and also to estimate the lost earnings of a victim by applying the daily wages of urban laborers. Like this, this study aimed to provide the basic data for guaranteeing a proper compensation for damage to victims by analyzing the issues of rulings related to the maximum working age of manual laborers under the empirical rule, and then complementing imperfections in Korean society that has entered the aged society.

• Korean Journal of Remote Sensing
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• v.35 no.6_2
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• pp.1095-1106
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• 2019

Damage of forest fire should be investigated quickly and accurately for recovery, compensation and prevention of secondary disaster. Using remotely sensed data, burn severity is investigated based on the difference of reflectance or spectral indices before and after forest fire. Recently, the use of high resolution satellite and UAV imagery is increasing, but it is not easy to obtain an image before forest fire that cannot be predicted where and when. This study tried to analyze availability of high-resolution images and supervised classifiers on the burn severity classification. Two supervised classifiers were applied to the KOMPSAT-3A image and the UAV multispectral image acquired after the forest fire. The maximum likelihood (MLH) classifier use absolute value of spectral reflectance and the spectral angle mapper (SAM) classifier use pattern of spectra. As a result, in terms of spatial resolution, the classification accuracy of the UAV image was higher than that of the satellite image. However, both images shown very high classification accuracy, which means that they can be used for classification of burn severity. In terms of the classifier, the maximum likelihood method showed higher classification accuracy than the spectral angle mapper because some classes have similar spectral pattern although they have different absolute reflectance. Therefore, burn severity can be classified using the high resolution multispectral images after the fire, but an appropriate classifier should be selected to get high accuracy.