• 제목/요약/키워드: Legal case

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건설기업 법정관리의 실태와 향후 과제 (Actual Condition and Extended Suggestions of Legal Management of Construction Enterprise in Korea)

  • 김진호
    • 한국건축시공학회:학술대회논문집
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    • 한국건축시공학회 2013년도 추계 학술논문 발표대회
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    • pp.208-209
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    • 2013
  • In recent times, the legal management of construction enterprise has become one of important theme in the domestic construction industry. Therefore, the objective of this paper is to consider rational methodology of legal management of construction enterprise. To achieve this objective, this paper performs a case study about the major cause and significant characteristic of the legal management. In conclusion, the following factors are systematized : 1) actual condition of legal management of construction enterprise in korea, 2) the influence and extended suggestions of legal management.

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법률정보시스템의 색인에 관한 연구 -특히 2차 법률정보를 중심으로- (A Study on the Index Model for Secondary Legal Information Databases)

  • 노정란
    • 한국비블리아학회지
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    • 제8권1호
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    • pp.117-134
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    • 1997
  • This study proves that the quoted legal text functions as the index which represents the contents of the text because of the characteristics of legal information, the automatic indexing in the secondary legal full-text databases can be possible without the assitance of the experts. In case of the establishment, amendment or repealing of law, change of words of index can be possible through revising the legal text quoted in the secondary legal full-text databases. Even when we dont input the full-text about retrospective documents, automatic indexing is also possible, and the establihment and the practice of expert knowledge and integrated databases are possible in case of the retrospective documents. This study indicates that it is necessary to have characteristic information the information experts recognize - that is to say, experimental and inherent knowledge only human being can have - built-in into the system rather than to approach the information system by the linguistic, statistic or structuralistic way, and it can be more essential and intelligent information system.

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A Fatal Case Involving Venlafaxine Intoxication

  • Baeck, Seung-Kyung;Jeon, Seok-Hoon;Kim, Sun-Chung;Kim, Dong-Woo
    • 대한약학회:학술대회논문집
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    • 대한약학회 2003년도 Proceedings of the Convention of the Pharmaceutical Society of Korea Vol.2-2
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    • pp.121.3-122
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    • 2003
  • This report describes the fatal case of a 13-year-old middle school girl(MSG) whose cause of death might be attributed to a intoxication involving Venlafaxine(VEN). MSG's mother had the history of depression for 11 years. She and her daughter were found dead in the same room of their apartment, with hanged herself. We analyzed the postmortem of MSG which were requested to our institute for the cause of her death. We couldn't get any blood samples from MSG's postmortem. (omitted)

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Virtual currency and confiscation

  • Lee, Ju-Il
    • 한국컴퓨터정보학회논문지
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    • 제23권5호
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    • pp.41-46
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    • 2018
  • This study focuses on the legal concept of virtual money, focusing on the case of how we can change the framework of fixed thinking about our trade concept and money with the fourth industrial revolution. The legal character of the virtual money, which played a role as a means of trading in crime, could be discussed, and the court could put it in the category of " property " as a subject of confiscation. Many people are expressing empathy for the fact that there will be many traits in the future world that are difficult to predict. At this side, when the legal validity of the advantage is not recognized as the legal money yet to be recognized as the legal currency, it begins to be discussed as a necessary means of trading between individuals, businesses and individuals. Defining a legal character can be very significant in determining policy direction related to future operations of virtual money. But to date, it is very difficult to establish the legal character of virtual money through existing legislation. Therefore, as we looked at in this case, we examined whether the property was subject to the seizure of the profits from the crime. Attention was also given to the possibility of such abuse of virtual money and whether effective legal interpretation was possible for the categories of assets subject to seizure.

연명(延命)치료적 인공기계호흡요법의 보류(保留)/중지(中止)를 전후한, 법의학적 및 윤리적 문제들과 그 대처방안 (The Medico-Legal and Ethical Problems of Withholding / Withdrawing of Futile Life-Sustaining Mechanical Respirator treatment)

  • 김건열
    • Tuberculosis and Respiratory Diseases
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    • 제58권3호
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    • pp.213-229
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    • 2005
  • The first and the longest criminal indictment case of Korean medico-legal battle, so called BORAMAE Hospital Incident, was finally on its end by Korean Supreme Court's decision on June 24, 2004, after 7 years long legal dispute via Seoul District Court and Seoul Superior Appeal Court's decision. Boramae Hospital case was the first Korean legal case of Withdrawing Life-sustaining treatment of mechanical respirator on 58 years old Extradural Hematoma victim who was on Respirator under Coma after multi-organ failure postoperatively(APACHE II score: 34-39). Two physicians who have involved patient's care and had helped to make discharge the Near-death patient to home after repeated demand of patient's wife, due to economic reason, were sentenced as homicidal crime. This review article will discuss the following items with the review of US cases, Quinlan(1976), Nancy Cruzan(1990), Barber (1983), Helen Wanglie(1990), Baby K (1994) and Baby L cases, along with Official Statement of ATS and other Academic dignitaries of US and World.: [1] Details of Boramae Hospital incident, medical facts description and legal language of homicidal crime sentence. [2] The medical dispute about the legal misinterpretation of patient's clinical status, regarding the severity of the victim with multi-organs failure on Respirator under coma with least chance of recovery, less than 10% probability. [3] Case study of US, of similar situation. [4] Introduction of ATS official Statement on Withdrawing/ Withholding Life sustaining treatment. [5] Patient Autonomy as basic principle. [6] The procedural formality in Medical practise for keeping the legitimacy. [7] The definition of Medical Futility and its dispute. [8] Dying in Dignity and PAS(Physician Assisted Suicide)/and/or Euthanasia [9] The Korean version of "Dying in Dignity", based on the Supreme Court's decision of Boramae Hospital incident (2004.6.24.) [10] Summary and Author's Note for future prospects.

어로장의 법률상의 지위에 관한 연구 (A Study on the legal status about chief of fishing boats)

  • 임석원
    • 수산해양교육연구
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    • 제23권4호
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    • pp.723-733
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    • 2011
  • On the general fishing boat in the same person of the fishing Chief and the Captain, the fishing chief positions are not separately. In this case, in Civil, Criminal and Administrative law, does not cause any problems. Just he take only responsibility for the legal effect of each, this is a natural solution for the effects of laws. But, if make one work unit, the fishing chief take fishing work from the position of the dominant of the captain, and moreover throughout the voyage work commands the captain. Such fishing chief center structure have roots institutive. In the case, according to legal liability by presenting solutions to the problem are as follows : firstly, The legal division Of the Sailing courses and operation course are necessary. Secondly, In the adminstrative ship official law, obligatory acquisition of the fishing Chief marine engineer qualification is necessary.

영국법상 Hague-Visby 규칙의 강행적 적용에 따른 지상약관의 효력에 관한 연구 (A Study on the Effect of a Paramount Clause in Which the Hague-Visby Rules were Compulsorily Applicable under English Law)

  • 최병권
    • 무역학회지
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    • 제44권6호
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    • pp.1-21
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    • 2019
  • In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

빅데이터 품질 사례연구 : 법률 서비스 품질 체계 (A Case Study of Big Data Quality in a Legal Tech Service)

  • 박주석;김승현;류호철
    • 한국빅데이터학회지
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    • 제3권1호
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    • pp.33-40
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    • 2018
  • 4차 산업혁명이 일어나면서 각 산업에서 새로운 개념이 탄생되었다. 각 산업의 새로운 개념은 빅데이터를 핵심 인프라로 가정하여 발전하고 있다. 따라서 빅데이터에 대한 품질관리가 점점 중요해 지고 있다. 본 논문에서는 빅데이터 품질 사례 연구를 통하여 빅데이터 품질관리 체계를 제시하고자 한다. 사례 연구를 위하여 새로운 정보기술을 활용한 법률서비스인 리걸테크 분야를 대상으로 하였다. 최근에 구현하고 있는 법무부 생활법률지식서비스를 위한 빅데이터 품질체계를 도출하였다.

간호사 업무상과실치사상죄 판례분석 (Analysis of the Leading Cases of Nurses charged with Involuntary Manslaughter)

  • 송성숙;김은주
    • 근관절건강학회지
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    • 제28권1호
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    • pp.30-40
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    • 2021
  • Purpose: This study aims to present nurses' legal conflicts and legal basis through the precedent analysis of a crime of professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the correct and high-level legal consciousness of nurses. Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses' professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed. Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3). Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.

소송기록의 사안파일 특성 연구 - 대한법률구조공단의 소송기록을 중심으로 - (A Study on the Characteristics of Lawsuit Records as a Case File: Based on the Lawsuit Records of Korea Legal Aid Corporation)

  • 이수진;임진희
    • 한국기록관리학회지
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    • 제13권3호
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    • pp.7-39
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    • 2013
  • 기관의 업무 기능에 따라 기록을 업무기능에 따라 분류하기보다는 사안(Case)을 중심으로 분류해야 하는 경우가 있다. 사건기록, 수사기록, 소송기록, 재판기록, 인사기록, 병원진료기록, 환자기록, 상담기록, 프로젝트기록 등이 그 전형적인 예이다. 사안파일로 조직화되어 관리되는 기록은 일반적으로 정형화된 업무절차에 의해 만들어지는 기록들이다. 사안파일에는 시작부터 끝에 이르는 일련의 활동기록이 순차적으로 축적된다. 또한, 사안파일에는 다양한 기능 수행 결과로 만들어진 기록이 모여 입체적으로 사안의 진행과정을 재현한다. 이 연구는 대표적인 사안파일인 소송기록의 구성을 상세히 살펴보고 관리상의 특징을 도출하여 사안파일 기록관리의 시사점을 정리하고 있다. 이를 위해 첫째, 구체적인 소송기록의 특성을 살펴보기 위해 민원인을 대리하여 소송을 진행해주는 대한법률구조공단이 업무과정 중 생산, 관리하고 있는 소송파일이 어떤 기록들로 구성되는지 분석하고 있다. 둘째, 일반적인 사안파일의 특성이 대한법률구조공단 소송기록에 어떻게 반영되고 있는지 확인하고 있다. 셋째, 결과적으로 사안파일인 소송기록을 어떻게 관리하고 이용하는 것이 좋은지 대한법률구조공단의 사례를 통해 살펴보고 있다.