• The Korean Journal of Emergency Medical Services
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• v.13 no.1
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• pp.87-96
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• 2009

Purpose : To grasp the mental burden for legal responsibility that rescue members have in the performance of job. Method : Questionnaire was presented to rescue members serving in 2 direct control safety centers of fire station located in Seoul, Daejon, Incheon, Kwangju, Busan, Daegu and Ulsan. Results : 1. Questioned whether they have mental burden for legal responsibility while performing job on the site, the rescue members responded : very burdensome in 38.0%, burdensome in 56.0%, moderate in 4.5%, not burdensome in 1.0%, no burden at all in 0.5%. 2. Questioned on the first aid treat for which they have the most mental burden, the rescue members responded : intubation into trachea laryngeal mask airway(LMA) in 40.4%, automatic external defibrillator in 16.3%, securing vein providing sap(medicine) in 10.8%, basic cardiopulmonary resuscitation in 7.2%, eliminating foreign matters inserted into body in 5.4%, stanching external bleeding and treating injury in 5.4%, fixing extremities and spine by using splint in 1.8%, measuring the symptom of vitality in 1.2%, providing oxygen in 0.0%. 3. Questioned whether experiencing legal problem or firm petition(complaint) raised by patient while serving as rescue members, they responded : experiencing a complaint in 41.6%, experiencing no complaint in 58.4%. Asked to indicate the stress level in the scale of which they suffered when lawsuit or firm petition was raised, 0(weak)-10(strong), they answered 8.8 in average. 4. Questioned whether 119 rescue members put the legal responsibility in case that they cause damage to patients intentionally in performing, they responded to the inquiry 3.66 in average(of 5.00). It represented meaningful differences (F=2.874, p=.024) whether they had license or not. 5. In future, legal action will raise against the rescue member by 99% because of people's rights improvement(63.1%), high expectations for the rescue system(29.5%), non-licensed rescue members(5.1%). Conclusion : It was found that the rescue members had severe mental burden for advanced life support which was investigated to have low enforcement rate in the preceding research, for instance, intubation into trachea securing vein management by using automatic external defibrillator. To improve the qualitative level of rescue service in the fire fighting, it may be required to construct the environment that eliminates the mental burden of rescue members for legal responsibility.

• The Journal of the Korea Contents Association
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• v.20 no.4
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• pp.571-581
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• 2020

There are large, medium, and small items in the evaluation test for medical interpreter professionals personnel and the criteria and level are not clear, which may cause confusion for those preparing for the test. Therefore, we would like to suggest that the qualification requirements for the medical translation ability test and the criteria for the evaluation items are consistent with the medical system in Korea. The survey on the medical interpreter competency test conducted was collected from domestic and foreign data, compared with similar test and overseas test. We also examined the perception of the test by experts with experience in developing and interpreting the medical interpretation test. As a result, in the 'International Culture' evaluation category, 'Language-oriented culture' was changed to 'Medical-oriented culture' and 'Interpretation ethics' was changed to 'Medical interpretation ethics'. In the evaluation items of the hospital system, the 'Medical Dispute Mediation Act', which is 「ACT ON MEDIATION OF MEDICAL DISPUTES」 of the middle item was changed the 「ACT ON REMEDIES FOR INJURIES FROM MEDICAL MALPRACTICE AND MEDIATION OF MEDICAL DISPUTES」 and the Act also reduced the four items related to the 'Medical Tourism Law' to two and added the 「ACT ON SUPPORTING THE ADVANCEMENT OF MEDICAL OVERSEAS AND ATTRACTING FOREIGN PATIENTS」. If the Medical Interpretation Proficiency Test is prepared in accordance with the medical culture of Korea, it is expected that there will be a stable opportunity for professionals who pass the examination to act as experts.

• Journal of Environmental Policy
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• v.12 no.1
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• pp.75-100
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• 2013

Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

• The korean journal of orthodontics
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• v.29 no.1 s.72
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• pp.1-22
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• 1999

As people are more concerned about their health and medical care, there have been an increasing number of medical disputes due to increased medical demand. In order to prevent and provide solution to currently surging medical accidents and disputes related to orthodontic treatment, in July 1998, the Korean Association Of Orthdontists surveyed 2,200 members of Korean Association of orthodontists on 30 items to recognize the pattern of medical accidents and prevent them. The survey was about accident-related items including personal profiles of members and patients who have undergone medical accidents or disputes, the cause and solution to the accidents, cautions related to members orthodontic treatment, and medical recording and archival. Based on the survey result, we analyzed characteristics of medical accidents and disputes in orthodontic area. It is more important to predict and prevent possible medical accidents or disputes based on current situation than to solve them after disputes occur. For this, we should not be negligent in raising treatment proficiency level based on patient-doctor trust and in obtaining new medical information. We should also provide medical environment where Patients themselves can decide whether to get treatment after they are offered detailed explanation on diagnosis, treatment procedure, complication, and possible hazard. We should take caution when treating patients and pay attention to charting and maintenance, which is the most fundamental, as well. Also at the Korean Association of orthodontists level, it is desired to provide education program on prevention and solution to medical accidents and disputes, and actions and organizations that can help when accidents and disputes occur.

• Korean Journal of Construction Engineering and Management
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• v.8 no.5
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• pp.101-108
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• 2007

To execute a construction project, many construction participants are engaged in the project. Especially many subcontactors role is very important, but their contract statute seems weaker rather than prime contractor. So to protect the subcontractor and to activate fair subcontract, Fair Transactions in Subcontracting Act was enacted. Direct payment to subcontractor clause of the act can protect subcontractor from the fear of insolvency of prime contractor, on the other hand can cause dispute about the interpretation of defect liability. Therefore the positive act and regulation were examined, and the effects of direct payment to subcontractor were analyzed. And the treatment direction of direct payment were suggested in this paper. Summary is as follows; (1) Statute of subcontractor for the ordering subject must be considered (2) Contract relationship must be reflected in the performance bond, subcontract bond, and subcontract construction conditions (3) To clarify the defect liability for the direct payment, retainage to guarantee the repair during contract period may be reflect on the subcontract construction conditions.

• Korean Journal of Construction Engineering and Management
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• v.19 no.4
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• pp.34-42
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• 2018

Apartment is a typical type of housing preferred by the majority of people. However, and defect disputes occur because various defects such as cracks, subsidence, breakage, water leakage, dew condensation and dropout are confirmed with numerous structures and finishing materials. From this point of view, this paper analyzes defect frequency and costs of each warranty period by work types, and estimates defect risks by using defect dispute cases. It examined about 5,337 defect items for 32 apartment over ten years old. In this paper, there are 10 types of work types and the warranty liability period is divided into 6 categories. Based on these categories, defect frequency and costs are investigated, and finally defect risk of the warranty liability period by work types confirmed. As a result of this analysis, it was found that defect risk in RC and finishing work is very high. Especially the RC work revealed that there is a high risk of trying from the third year onwards and it was found that the defect risk up to the second year is high in the finishing work. Due to aging of RC structure, the defect risk gradually increases, and finishing work initially cause defect disputes because of the housing environment.

• The Journal of Korean Medical History
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• v.26 no.1
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• pp.41-53
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• 2013

In this paper, King Kyung-Jong's strange diseases which had been exacerbated by the Sinim-Sahwa(辛壬士禍) are researched and discussed. The subject will be described mostly based on health and medical records from "The Daily Records of Royal Secretariat of Chosun Dynasty(承政院日記)" and "The Annals of the Choson Dynasty(朝鮮王朝實錄)". Sinim-Sahwa had occurred for two years. It is thought that the beginning of it was 'a controversy on a proclamation of a crown prince, Yeon Ing Goon'. At the first year of Kyung-Jong's ruling, August 21, the No-Ron demanded a king's heir be decided as soon as possible, the king asked Yeon Ing Goon as his successor because of his 'strange diseases'. In October of the same year, the conflict between No-Ron and So-Ron parties reached its peak after a dispute about 'regency from behind the veil for the crown prince' at that time. Kyung-jong added that he had a mysterious and heavy disease and there was little hope to recover from it. Some opposing courtiers emphasized the king was in his good health and there weren't any actual diseases he suffered. But Kyung-Jong stubbornly persisted the diseases he had were so heavy that he couldn't get well readily. In detail, he announced his disease had so deeply rooted in internal organs that he could feel some kind of heat and fire arousal form his heart, then rage and resent soaring. Eventually, on 16th, the No-Ron party followed the king's demand, thus the king's health and illness condition itself was gradually getting off the subject. It seems that Kyung-jong's strange diseases was hwa-byung(火病). His symtoms are similar to the symtoms of hwa-byung. Environment he lived, was enough to cause hwa-byung. as a result, Sinim-Sahwa was the event what his hwa(火) was erupted.

• Korean Journal of Legislative Studies
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• v.23 no.1
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• pp.187-226
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• 2017

North Korea discourse is doubtful. A considerable portion is distorted under political objectives, group identity, and interests. Surely, there are facts based on North Korea's conducts. Apparent deceptions commonly exist as well though. Korean media does not endeavor to set the records straight and there are no revision towards mislead information. This is substantially dangerous as it can misjudge North Korean policies, beget national antipathy, and interferes with rational and constructive policy making. This study stems from such concerns and takes such cases as HEU(Highly Enriched Uranium) suspicion of 2002, dispute covering BDA(Banco Delta Asia)'s counterfeiting, and the abandonment of the Geneva Agreed Framework into consideration. The first part concentrates on fathoming the truth of the three cases. References from US government, academia, think tanks, media were inquired with an addition of secondary material from Korea and China. Secondly it examines whether domestic news properly reflects the precedent facts along the process of discovery. The cause and solution suggested by domestic media were organized and inductively reconstituted to frames. The last study questions the structural factors that reproduces suspicion analogs. Today's dangers facing Korean society are essentially not natural but artificial. This research hopes to foster peace by analyzing related discourses that are infamous to reinterpret reality.

• Journal of Legislation Research
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• no.55
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• pp.193-237
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• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.19-45
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• 2009

The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.