• Title/Summary/Keyword: Legal Stability

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Changes of root lengths and crestal bone height In nail biting patients (손톱 깨물기 습관을 가진 아동의 전치부 치근길이와 치조골 높이 변화에 관한 연구)

  • Hwang, Chung-Ju;Kim, Jung-Suk
    • The korean journal of orthodontics
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    • v.29 no.6 s.77
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    • pp.689-698
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    • 1999
  • Although the purpose of orthodontic treatment is to increase the function and aesthetics of the jaws as well as to increase stability, there are side effects from the treatment itself such as root resorption and alveolar bone resorption. Such resoiption of the apical root is unpredictable and may even proceed into the dentin layer. Once the process has begun, it is irreversible. By evaluating the effects of different oral habits, especially that ef nail biting, and their correlation with the root and the periodontal tissues, the appropriate biomechanics for orthodontic treatment can be taken into consideration. The possibility of root resorption and alveolar bone loss during orthodontic treatment can also be considered. Also, any legal problems that might occur may be pondered as well. Among the male md female patients of the ages 10~15, 63 were chosen as the test group with known nail biting habits at time of examination and within the same age range those without nail biting habits as the control group. The test group was composed of 30 males and 33 females. The control group had 31 males and 32 females. The result from this study were as follows : 1. Of the 63 patients of both the test and control groups, the male-to-female-ratio was 1:1, and had no statistically significant difference in male and female root resorption. 2. In comparing crown length of the test and control groups, no significant difference existed, but in root length, maxillary and mandibular right and left central incisors and mandibular right lateral incisors had a smaller value. (p<0.001) 3. Average crown-to-root ratio of the test group on the periapical view show a noticeably high value for the maxillary and mandibular right and left central incisors and mandibular right and left lateral incisors. (p<0.01) 4. In comparing and evaluating the alveolar bone loss measured from the cemento-enamel junction to the alveolar bone crest, mesial surfaces of the maxillary and mandibular right and left central incisors and distal surface of maxillary right central incisor of the test group showed greater loss of crestal bone than the control. (p<0.05)

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Comparative Review on the Introduction and Operation of Salary Peak System -Focusing on Korea and Japan- (임금피크제 도입운영에 관한 비교법적 검토 -한국과 일본을 중심으로-)

  • Noh, Jae-Chul
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.93-103
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    • 2015
  • In this study, it has an intention of arranging an implication based on an effective introduction of a wage peak system in Japan to settle a mandatory retirement at sixty according to a legalization of retirement age at sixty smoothly. Institutionally, retirement age guaranteed type that reduces wage from certain period before retirement is of great importance. In Japan, mainly features the extension of retirement age that focus on keeping aged employment after retirement. In the introduction of the wage peak system, Korea attaches importance to the wage cost savings, but Japan puts emphasis on using aging workforce. Korea wants to promote the aged employment for retirement age at 60, whereas Japan actively push ahead with retirement age 65 and after that time. South Korea needs to reinforce the pensionable age and the connection though the extension of retirement age via the manpower utilization, employment promotion and the stability. It is necessary to prepare a institutional plan to try not to make a gap of the pensions by guaranteeing or extending the retirement age connect to the age of pensioners though the wage peak system. To activate the wage peak system, it is necessary to acknowledge a legal improvement that concedes rational changes such as the rule of employment. An active interpretation is needed currently though, it is more necessary to review the stipulation and the rational changes of the rule of employment that is established by a precedent like the Japanese legislation case. When a disadvantageous change of works rules is made, it is able to consider establishing the provision in the Act on age Discrimination Prohibition in Employment and Aged Employment Promotion, therefore it won't be able to apply the regulation in the rational criterion that satisfies the standards, rather than amending a Article 94 of the Labor Standards Act that makes accepting the approval of the majority of workers.

Can Lufthansa Successfully Limit its Liability to the Families of the Victims of Germanwings flight 9525 Under the Montreal Convention?

  • Gipson, Ronnie R. Jr.
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.279-310
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    • 2015
  • The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.