• 의료법학
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• 제7권2호
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• 무역상무연구
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• 제76권
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• pp.103-123
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• 2017

If additional condition in letter of credit is used in malicious way, it affects the international trade transaction in jeopardy. Therefore, it's significant to identify whether additional conditions are malicious or ordinary in the transaction with letter of credit. In normal cases, thanks to lots of useful features as an international payment method, such as security of payment, legal protection, and versatility, a letter of credit is widely used in international trade. However, even with these advantageous features, a letter of credit is complicate and costly to use, compared to other payment methods. Furthermore, due to its principle of independence from underlying contract, a use of letter of credit creates another type of concern for proper handling and needs significant caution upon field use. At some points, malicious additional conditions are used for buyer's advantage in deal making and fraud instance in worst situation. In addition, some countries request malicious conditions against sellers as a non-tariff barrier. Therefore it's extremely important to recognize whether malicious additional condition exists in letter of credit and, if so, how to deal with it. This study delivers the information to distinguish and categorize the malicious conditions in various cases and to figure out how to deal with them for safer trade with less risk.

• 무역상무연구
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• 제72권
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• pp.25-55
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• 2016

The Buyer shall demand to the Builder the repayment of the pre-delivery instalments paid in case of the Builder's default under a ship-building contract. The Buyer require a refund guarantee issued by a financial institution for a security for the repayment of the pre-delivery instalments paid. As the title of a refund guarantee, in practice, is various, we should look into the contents or the expressions in a guarantee to decide whether a guarantee is a refund guarantee. A refund guarantee, a sort of independent bank guarantee, has characteristic of abstractness, and is independent from the ship-building contract. A refund guarantee is available against the beneficiary's first written demand and signed statement certifying that the Builder failed to make the refund in accordance with the ship-building contract. The guaranteed amount of a refund guarantee will be automatically increased in accordance with the Builder's receipt of the respective instalment, which is not in the other advance payment guarantee. These characteristics of a refund guarantee are derived from the expressions in a refund guarantee rather than inherent therein. This illustrates that careful attention is required to the contents and expressions of the main clauses in a refund guarantee.

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.29-60
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• 2004

Recently stand-by credits are using as surety devices in various global business transactions including sale of goods. Stand-by credits have lots of merits but simultaneously have high possibility of improper demand by the beneficiary due to the characteristics of the documents required. So so-called fraud rule has developed as a solution to the improper demand in letter of credit transactions. And the actual way of the fraud rule is the injunction by the competent court. The purpose of this article is to examine the applicability of the injunction in stand-by credit transactions by means of case studies. For this purpose, the author examined the concept of the injunction, necessity of the injunction in stand-by credit transactions and the cases of injunction granted and injunction denied. Firstly, the courts have legal standard of the application of injunction due to the legislation of the relative articles in the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit and the Uniform Commercial Code. Secondly, the courts have taken a negative attitude granting injunction in order to observe the independence principle. Thirdly, the courts have a tendency to grant injunction when the demand has no conceivable basis and the applicant will suffer irreparable injury without injunction. Finally, like the saying 'prevention is the best cure', the applicant always pays attention with reasonable care before improper demand by the beneficiary.

• 대한임상검사과학회지
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• 제49권2호
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• pp.55-68
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• 2017

최근 과학과 의료기술의 발전으로 의료행위에 있어 많은 변화를 가져왔으며 환자의 치료에 있어 그 역할이 강조되고 있다. 특히 임상병리사의 경우, 역할과 중요성이 의료과학 분야가 발달함에 따라 증가되고 있으며, 이에 따른 책임감 역시 증가하고 있다. 임상병리사의 전문성과 독립성의 증가로 더 이상 의사의 보조로만 여기지 않고, 의사의 진료와 의료기사 등의 의료 보조행위에 기초하여 현대 의료서비스는 보다 조직화되고 복잡화, 전문화 되고 있다. 그러나 "의료기사 등에 관한 법률"에서는 의료기사는 의사 또는 치과의사의 지도하에서만 면허범위 내의 행위가 가능하도록 규정하고 있다. 그래서 본 연구에서는 각종 의료행위에 있어서 임상병리사를 중심으로 하여 "의료기사 등에 관한 법률"에서 나타나는 문제점과 그 중에서도 의료업무, 의료지도에 관한 부분 등에 관해 살펴보았다. 결론으로 "의료기사 등에 관한 법률"에 명시된 의사의 지도에 대한 명확한 해석이 필요하며, 국가면허시험의 자격과 역할을 "의료기사 등에 관한 법률"에 명시하고, 임상병리사의 역할에 대해 보건의료인들과의 소통 또한 필요하며, 독립된 법제정으로 임상병리사들의 영역 확대와 전문성을 확대 강화하는 것이 필요할 것이라고 생각한다.

• 한국컴퓨터정보학회논문지
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• 제21권6호
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• pp.97-106
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• 2016

This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

• 한국중재학회지:중재연구
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• 제32권4호
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• KIEAE Journal
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• 제1권2호
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• pp.5-12
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• 2001

Through the harmony of natural and artificial systems a city is composed of, the ecology-oriented urban planning seeks for qualitative improvements of a city on which our life is based. To enhance the ecology-oriented urban planning, the followings are suggested by a comparative analysis of Korea with Germany regarding the development process, the instruments, and the establishment of indicators for the planning. Firstly, though our national land development plan is closely connected with B-plan, it has little to do with the natural environment. Moreover, the natural environment plan of the Ministry of Environment is almost impossible to carry out in terms of urban construction work. For this reason, the instrument for dealing with the development and environment plan systems together as well as the completion of the current plan system is needed for the ecologically acceptable urban development in the long term. Secondly, in order to realize what is mentioned above in the concrete it seems to be desirable for the system and the instrument to be devised at the extent of B-plan. The regulations of the plan should have strong legal binding force and practicality as well. The element of ecology-oriented urban planning are (1) degree of independence and appropriate density, (2) conservation of natural elements such as soil, water, animals and plants etc., (3) energy saving in land use, (4) activation of B-plan and inducement of active participation of residents. Thirdly, it will be useful to develop various kinds of indicators for the environment plan provided in advance so that the ecology-oriented urban developments may be under control. It also should be taken into consideration that the indicators are supposed to be comprehensive, representative, and practical enough to make the most of at the early stage of drawing up a plan. The kinds of indicators which can be used in the ecology-oriented urban development include (1) soil, (2) water, (3) vegetation and plants, (4) animals, (5) climate, and (6) transportation.

• 한국중재학회지:중재연구
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• 제26권1호
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• pp.107-134
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• 2016

국제상사중재는 <국제물품매매계약에 관한 유엔협약>을 적용하는 중요한 영역이고 본 협약이 국제 통일법적인 역할을 발휘하는데 중요한 지원을 제공하고 있습니다. 중국국제 경제무역중재위원회(CIETAC)는 협약을 가장 많이 적용하여 중재사건을 해결하는 중재위원회이다. 중재재판소는 체약국 법원과 마찬가지로 협약내용을 정확하게 이해하고 정확하게 적용함으로써 사건재판의 질을 제고하고 판결의 공신력을 강화한다. 하지만 중재재판소의 민간성과 독립성으로 인하여 재판소가 협약을 적용하는 법률기초는 소재국 국내 중재법, 중재절차 및 국제중재관례이고, 소재국이 협약을 이행함에 있어서의 국제조약의무가 아니다. 협약과 중국 계약법은 CIETAC 중재재판소가 주요하게 적용하는 법률이다. 중국 계약법 규정에는 협약 제75조, 76조의 내용에 해당하는 차액배상제도가 존재하지 않기 때문에, 판사와 중재재판소는 손해배상금을 확정함에 있어서 보다 많은 자유재량권을 가지므로 협약을 적용하는 것과 중국 계약법을 적용하는 것은 당사자에게 서로 다른 영향을 일으킨다.

• 한국디지털건축인테리어학회논문집
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• 제13권4호
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• pp.109-117
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• 2013

The purpose of this study is to present our elderly welfare policy and welfare facilities for the elderly and to propose the future direction of policy for the elderly with comparison to that of Japan. The comparative study results of Korea and Japan are as follows: As the basis of elderly welfare, care insurance for the elderly is now fixated in the two countries. On the other hand, for quantitative expansion in Korea, the quality level has been gone down. Due to qualitative evaluation, the growth of facilities has slowed and material welfare providers was also a decline in the number of operators. Two countries in the field of community welfare in recent years has been actively promoting. It is the most important to solve the social welfare problem with local councils who know the area, which is a part of the future to focus and to support. Due to huge construction investment of facility, there is the burden of operators. This facility is appropriate for an extension of the home. However, it is in the hard economic times. Until now, the number of people in a room is at least four according to the legal standard of Korea, there are a few private rooms. On the other hand, in Japan, unit-care was phased since 2002 and private rooms have been expanded. In Japan, health center for the elderly plays an important role with special elderly nursing home among facilities for the elderly. Health center provides services that are recovering, nursing, and caring to support independence for the elderly after acute phase of treatment. As treatment and care, the aim of health center is to return the elderly to home. On the other hand, there are a few health centers for returning the elderly to home in Korea. Furthermore, in Japan, a project for preventive care has been begun. The project is needed in Korea.