• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• Journal of Oral Medicine and Pain
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• v.31 no.4
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• pp.297-316
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• 2006

The increasing tendency of medical disputes is one of the remarkable social phenomena. Especially we must not overlook the phenomenon that production and circulation of information related to medical accidents is increasing rapidly through the internet. In this research, we evaluated the web sites which provide the information related to medical accidents using the keyword "medical accidents" in March 2006, and classified the 28 web sites according to the kinds of establishers. We also analyzed the contents of the sites, and checked and compared the current status of the web sites and problems that have to be improved. Finally, we suggested the possible solutions to prevent medical accidents. The detailed results were listed below. 1. Medical practitioners, general public, and lawyers were all familiar with and prefer the term "medical accidents" mainly. 2. In the number of sites searched by the keyword "medical accidents", lawyer had the most sites and medical practitioners had the least ones. 3. Many sites by general public and lawyers had their own medical record analysts but there was little professional analysts for dentistry. 4. General public were more interested in the prevention of medical accidents but the lawyers were more interested in the process after medical accidents. The sites by medical practitioners dealt with the least remedies of medical accidents, compared with other sites. 5. General public wanted the third party such as government intervention into the disputes including the medical dispute arbitration law or/and the establishment of independent medical dispute judgment institution. 6. In the comparison among the establishers of web sites, medical practitioners dealt with the least examples of medical accidents. 7. The suggestion of cases in counseling articles related to dental accidents were considered less importantly than the reality. 8. Whereas there were many articles about domestic cases related to the bloody dental treatment, in the open counseling articles the number of dental treatment regarding to non insurance treatment was large. 9. In comparing offered information of medical accidents based on the establishers, general public offered vocabularies, lawyers offered related laws and medical practitioners offered medical knowledge relatively. 10. They all cited the news pressed by the media to offer the current status of domestic medical accidents. Especially among the web sites by general public, NGOs provided the plentiful statistical data related to medical accidents. 11. The web sites that collect the medical accidents were only two. As a result of our research, we found out that, in the flood of information, medical disputes can be occurred by the wrong information from third party, and the medical practitioners have the most passive attitudes on the medical accidents. Thus, it is crucial to have the mutual interchange and exchange of information between lawyer, patients and medical practitioners, so that based on clear mutual comprehension we can solve the accidents and disputes more positively and actively.

• Journal of dental hygiene science
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• v.8 no.1
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• pp.13-20
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• 2008

The purpose of this study was to find out experiences of dental hygienists working on dental care sites, to prevent potential malpractice accidents and disputes, and to examine why it is necessary to provide corresponding education or training courses. As a result, this study came to the following conclusions: 1. It was found that 32.5% had ever experienced in malpractice suits or disputes, and 55.0% of such experienced group had ever experienced in malpractice suits or disputes concerned with dental hygienists. 2. According to inquiry on whether dental hygienists have certain liability for malpractice disputes, it was found that 66.3% respondents ascribed the medical liability to dental hygienists. And according to inquiry for those respondents on liability ratio, it was found that 57.1% of them thought 11%~30% as appropriate liability ratio. 3. According to survey on extent of doubts about potential malpractice accidents and disputes in future, it was found that 72.4% respondents sometimes had doubts about them. 4. It was found that 64.2% respondents thought it necessary and urgent to provide education related to prevention and countermeasures for malpractice disputes.

• Journal of the Korean Institute of Landscape Architecture
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• v.49 no.2
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• pp.27-40
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• 2021

This study was carried out for the description of the conflicts on the measurement of the root collar diameter of the landscape trees that are currently being produced, distributed, and planted in S. Korea, and for determination of the standard for root collar diameter measurement. The difference in consciousness of appropriate measurement of root collar diameter among different ages of landscape practitioners was statistically significant at p<0.05 level. It seemed to be due to the difference in the amount of field experiences among different age groups. On "the ambiguity of measuring the root collar diameter' of landscape trees", the consciousness was significantly different at p<0.05 level among job positions. On "Improvement of measurement criteria for landscape trees," it was significantly different at p<0.05 level among job types. This was thought to be due to the disagreement between the client and the contractor. On "prevention of topsoil removal" when excavating landscape trees, the consciousness was significantly different at p<0.001 level among different age groups, and different at p<0.01 level among different occupations, and different at p<0.05 level among different working area. The consciousness on "removing top soil when excavating landscape trees and rooting after transplantation" was not significantly different. The consciousness on the conflict caused by "ambiguity in root collar diameter measurement criteria" was high with an average of 3.85 for job type, occupation, jop position, and work experience. It was higher for landscape contractors than public institutions. The higher job positions and more experiences, the more conflicts. The consciousness on the appropriate position of root collar diameter measurement for landscape trees revealed that measuring at above-ground part (66.5%) was prefered to the underground part (33.0%). During the excavation of landscape trees for transplant, topsoil removal up to average depth of -2cm to -4cm was favored by 84.0%, and the purpose of removing topsoil was recognized as 'to increase the size and unit cost' by 59.7%.