• Title/Summary/Keyword: Korea Civil Law

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Proposal of the Development Direction on the Special Act on Underground Safety Management for Preparation of the Proactive Underground Safety Management System (선제적 지하안전관리체계 마련을 위한 지하안전관리에 관한 특별법의 발전방향 제시)

  • Han, Yushik
    • Journal of the Korean Geotechnical Society
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    • v.34 no.7
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    • pp.17-27
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    • 2018
  • Sinkholes have occurred in various places around the world and concerns about public safety have been raised in recent years. Particularly, a ground subsidence may occur due to a variety of conditions when developing underground spaces. Ground subsidence refers to the sinking of the Earth's surface caused by the loss of the soil constituting ground due to a certain artificial cause in the ground. Ground subsidence is induced by artificial causes such as the leakage of water supply/sewage pipes and groundwater disturbance, and it is different from a sinkhole, where the sinking of the Earth's surface is induced by the cavity formed due to the melting of limestone in the ground with limestone bedrock. In recent underground development in the urban areas of Korea, damages to surrounding buildings have frequently led to many difficulties with civil complaints and compensation issues, and the collapse of some buildings has resulted in the loss of lives and property. Accordingly, the central government has legislated the Special Act on Underground Safety Management, which will take effect from January 1, 2018. This law specifies an underground safety management system for securing underground safety, under which underground safety impact assessment is performed for projects involving underground excavation work that exceeds a certain size, and safety inspection is regularly performed for underground facilities and the surrounding ground. In this study, the contents of the special act on underground safety management are reviewed, and the direction of development of underground safety policy for preparing preemptive underground safety management preparation and response system is suggested.

Study on the Electronic Contract (전자계약에 관한 연구)

  • Kim, Jae-Nam;Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.6
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    • pp.129-138
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    • 2014
  • The Electronic contract means creation sign management and storage of contract by online without limitations of the time and space through the electronic signature and encode which based on the Certificate instead of the past that treatment the contract such as creation sign management and storage of contract by face-to-face. Recently, the remarkable development of information and communication technology with supplying the high-speed Internet services. Accordingly, the transaction contract made by these also, the steady legal effect occurred by two or more parties by legal action which is the electronic agreement of expression. and it makes agreement improving corporate productivity and it can control the whole process such as contract documents and the actual buying store provision. Like this it has many benefits so, it suddenly rising as the new axis of economic activity area, it is a reality. In this change of era, with the establishment of electronic contracts, there are many problems are occurred to the expression of parties which is core of the contract on civil code so, the systematic legal composition is required. Thus, in this study will propose the reasonable improvements about the issue of electronic contract through the consideration.

Analysis on the Impact of Climate Change on the Survey of Rural Water District and Agricultural Production Infrastructure (농어촌용수 및 농업생산기반시설의 실태조사에 따른 기후변화 영향 분석)

  • Kim, Soo-Jin;Bae, Seung-Jong;Choi, Jin-Yong;Kim, Seong-Pil;Eun, Sang-Kyu;Yoo, Seung-Hwan;Jang, Tae-Il;Goh, Nam-Young;Hwang, Sye-Woon;Kim, Seong-Joon;Park, Tae-Seon;Jeong, Kyung-Hun;Song, Suk-Ho
    • Journal of The Korean Society of Agricultural Engineers
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    • v.60 no.5
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    • pp.1-15
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    • 2018
  • This study aims to effective survey on actual condition for impact and vulnerability assessment on climate change in agriculture and rural community (limited to rural water and agricultural infrastructure, Paragraph 3, Article 2 of the Rearrangement of Agricultural and Fishing Villages Act) entrusted to Korea Rural Community Corporation based on the Law (Paragraph 2, Article 47 of the Framework Act on Agriculture, Rural community and Food industry). The results are summarized as follows. The rural water was divided into three categories (abnormal climate, water use, and flood control), and 31 indicators were selected. The reservoirs were divided into four categories, and 20 indicators were selected. The pumping stations were divided into two categories, 7 indicators, and the drainage pump stations were divided into two categories, 5 indicators were chosen. A survey on actual condition of each indicator was conducted and the result of the impact assessment was calculated. The 65 rural water showed values ranged from 0.855 to 1.308. The reservoir ranged from 0.966 to 23.338 as a result of the impact assessment on the 16 indicators. The pumping station was able to calculate the results of the safety inspection and the thorough safety inspection, and the drainage pump station was able to calculate only the result of the safety inspection. It is judged that it will be necessary to secure and analyze data on indicators with no data in the future. The results of this research can be utilized as baseline data that can deal with climate change preemptively.

A Study on Lawsuit Cases and Measures of Emergency Medical Service (응급의료서비스 중 발생되는 소송사례와 대책 연구)

  • Kwon, Hay-Ran
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.3
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    • pp.77-90
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    • 2009
  • Civil complaints and lawsuits filed in the process of providing emergency medical service include fall accident on the way of carrying the patient, transfer consent, refusal and rejection of rescue request, range and behavior restriction of emergency medical technicians, false registry of logbook, neglect of duty and emergency patient, and violation of traffic laws on the way of dispatch to the scene of accident. This study suggested the measures by cases as follows. 1. The accidents on the way of carrying a patient could be divided into fall of patient and fall by paramedic's mistake. In the former case, damages caused by the ambulance's shaking must be notified to the patient and guardian and recommended to fasten seat belt, in the latter case, the plan of patient's posture, route of transport, rescue and equipments should be comfirmed before fixing the patient. 2. Transfer consent must be made as implied when the patient is unconscious under delusion and was not able to consent physically, and paramedic must take an action by his judgment and record details of services on logbook. 3. When a patient refused to transfer, get 'confirmation of transfer refusal' and inform him of refusal. Paramedic should receive the signature. In addition, in case of refusal, transfer request should be made after hearing doctor's opinion and it should be notified to transfer request and superintendent of fire station after making 'confirmation of transfer refusal'. 4. Emergency medical technicians should perform their duties within the range of services prescribed by Article 41 of Law of Emergency Medical Service and Article 33 of Its Enforcement Regulations and shall not make announcement of death. In case of reporting the death to guardian, it is desirable to use record data like ECG results. 5. The best way to have protection from legal problems is making and keeping the exact records of accident and patient. Paramedic should not mention his subjective opinion about the accident-related matter. He must record correctly and keep the original medical records. 6. As emergency medical technicians are responsible for taking care of emergency patients, they must contact a briefing room when they meet a difficult situation suddenly due to vehicle stop or treatment of other patients and then must have support from neighboring hospital and other safety centers. 7. Since the ambulance operator is responsible for safety and careful driving of ambulance, he must be careful when he violates traffic regulations unavoidably. The operator should drive slowly below 10km/h at an intersection and pass it after getting way from general vehicles driving from all directions.

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Performance Ability after CPR Education of the ground workers in an airport (공항 지상 근무자의 심폐소생술 수행능력)

  • Shin, Ji-Hoon
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.3
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    • pp.29-40
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    • 2009
  • Objective : This study is an experimental study which is designed to examine the differences between knowledge and self-confidence before and after theory education(CPR PPT material) based on guidelines of CPR and emergency cardiac treatment of American Heart Association(AHA, 2005) and video self-instruction program for the general public by Korean Association of Cardiopulmonary Resuscitation(KACPR), trace CPR performance ability after CPR and AED education and investigate the accuracy of artificial respiration and chest compression, and know the difference in CPR performance abilities including AED. Methods : Subjects of this study include ground crews and staffs at M airport in G province equipped with emergency equipments for CPR according to Art. 47, Sec. 2 of Emergency Medical Law, airport police, rent-a-cops, security guard, quarantine officer, custom officer, and communication, electricity, civil engineering, facility management staff, airport fire fighting staff, air mechanic, traffic controller, and airport management team among airport facility management staffs. They were given explanation of necessity of research and 147 of 220 subjects who gave consent to this research but 73 who were absent from survey were excluded were used as subjects of this study. of 147 subjects, there were 102 men and 45 women. Results : 1) Knowledge score of CPR was $6.18{\pm}0.87$ before instruction and it was increased to $15.12{\pm}1.78$ after instruction, and there was statistically significant difference. 2) Self-confidence score in CPR was $3.16{\pm}0.96$ before instruction and it was increased to $7.05{\pm}0.75$ after instruction, and there was statistically significant difference. 3) Total average score in CPR performance ability after instruction was 7.46 out of 9, performance ability was highest in confirmation of response as 144(97.95%), follwed by request of help as 140(95.25%) and confirmation of respiration as 135(91.83%), and lowest in performing artificial respiration twice(gross elevation of chest) as 97(65.98%). Accuracy of artificial respiration(%) was $28.60{\pm}16.88$ and that of chest compression(%) was $73.10{\pm}22.16$. 4) Performance ability of AED after instruction showed proper performance in power on by 141(95.91%) and attaching pad by 135(91.83%), hand-off for analyzing rhythm showed 'accuracy' in 115(78.23%) and 'non-performance' in 32(21.77%), delivery of shock and hand-off confirmation showed 'accuracy' in 109(74.14%) and 'inaccuracy' in 38(25.86%), and beginning chest compression immediately after AED was done by 105(71.42%).

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Improvement of CM Fee Estimation Criteria for Efficient CM Service (건설사업관리업무 효율화를 위한 대가 산출기준 개선방향)

  • Cho, Youngjun;Sung, Youngmo
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.2
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    • pp.105-112
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    • 2019
  • As the Construction Technology Promotion Act was revised in 2015, the term of Supervision was removed and Construction Management was included instead. The consideration of Construction Management shall be based on the cost plus fee method specified in the Criteria for the Cost of Construction Technology Services of the Ministry of Land, Infrastructure and Transport. Nevertheless, it is based on the construction cost ratio in accordance with the Economy and Finance Ministry's Detailed Guidelines for Preparing the 2018 Budget Plan and Fund Management Plan (Manual for Business Type and Item). As a result, it has been expected that Construction Management consideration will be calculated according to a single government standard and that the Criteria will be applied reasonably. In addition, although the change in the Labor Standard Act has a significant effect on the working environment of the construction site, the nature of the construction site is not considered in this Act. Based on these problems, the study suggested that the government should apply a single standard after consultation with the relevant agencies when calculating the consideration for Construction management, that the scope of the Criteria for the Cost of Construction Technology Services should be clear, that the amount of input by the Construction Manager should be considered for the capability of engineers and the number of working days, and that construction characteristics should be considered when determining the number of working days and hours.

Analysis of Research Trends in the 30 Years of 'Journal of Arbitration Studies' ('중재연구' 30년간의 연구동향 분석 - 한국중재학회 창립30주년에 즈음한 학술연구 동향분석 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.3-22
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    • 2021
  • Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

Development of web-based system for ground excavation impact prediction and risk assessment (웹기반 굴착 영향도 예측 및 위험도 평가 시스템 개발)

  • Park, Jae Hoon;Lee, Ho;Kim, Chang Yong;Park, Chi Myeon;Kim, Ji Eun
    • Journal of Korean Tunnelling and Underground Space Association
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    • v.23 no.6
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    • pp.559-575
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    • 2021
  • Due to the increase in ground excavation work, the possibility of ground subsidence accidents is increasing. And it is very difficult to prevent these risk fundamentally through institutional reinforcement such as the special law for underground safety management. As for the various cases of urban ground excavation practice, the ground subsidence behavior characteristics which is predicted using various information before excavation showed a considerable difference that could not be ignored compared to the results real construction data. Changes in site conditions such as seasonal differences in design and construction period, changes in construction methods depending on the site conditions and long-term construction suspension due to various reasons could be considered as the main causes. As the countermeasures, the safety management system through various construction information is introduced, but there is still no suitable system which can predict the effect of excavation and risk assessment. In this study, a web-based system was developed in order to predict the degree of impact on the ground subsidence and surrounding structures in advance before ground excavation and evaluate the risk in the design and construction of urban ground excavation projects. A system was built using time series analysis technique that can predict the current and future behavior characteristics such as ground water level and settlement based on past field construction records with field monitoring data. It was presented as a geotechnical data visualization (GDV) technology for risk reduction and disaster management based on web-based system, Using this newly developed web-based assessment system, it is possible to predict ground excavation impact prediction and risk assessment.

Changes of International Aviation Regimes (국제항공 레짐의 변화)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.55-89
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    • 2003
  • What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

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U.S. Admiralty Jurisdiction over aviation claims (항공사고에 관한 미국 해사법정관할)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.3-35
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    • 2016
  • The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.