• Title/Summary/Keyword: Legal protection

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A Study on the Restructuration of Norm System in the Field of ICT for the Smart Media (Smart미디어시대 정보통신·미디어(ICT) 분야 규범체계의 재구조화에 관한 연구)

  • Ji, Seong-Woo
    • Journal of Legislation Research
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    • no.44
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    • pp.33-62
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    • 2013
  • In this paper, the consolidation of ICT basic legislation and ICT special legislation concerning "Ministry of Science, ICT and Future Planning" and "Korea Communications Commission" which came on the back of governmental reorganization in recent years is discussed in the theoretical and practical aspect. Development of "data communication technology" innovatively changed the method of livelihood of mankind, the emergence of network under global dimension provided financial social benefit and posed a challenge and a threat at the same time. Form digital revolution human kind can expect to receive many important blessings. Nevertheless, there are many advantages of development of technology by digital revolution, cyberspace like online media, internet etc. has realistically many problems that must be solved. To maximum positive aspects like the expansion of freedom of expression and creating plan of economy by the advance of transmission technology is needed. And to minimize side effects of informatization is required more. The First, Special Act on ICT has an adaptation in normative standardization to be fit in media convergence beyond convergence of broadcasting and telecommunications. Henceforth, there must be established a legal basis for the achievement of protection of economic evolution and freedom of speech in digital media, information, communication technology and content development. The second, the government action is to accomplish economic development and freedom of information in structural aspect of norm. Therefore minimizing normative problem by reorganization of organization remains clearly unresolved in politics. The third, Special Act on ICT must be basic law covering info-communications field, pay telecommunication and media contents field. The forth, from a technical point of view, net neutrality, conflict of interest for digital content and so on can be fixed easily. Special Act on ICT must not only pursuit of development of industry. Special Act on ICT and pursuit of enhancing quality of life of people and preparing program to promote democratization. From now on, we need to make powerful nation of information& communications technology and in information human rights protection field got to be one step ahead of others with reference to appear all the various aspects must be brought together in the discussion of legislation process of Special Act on ICT.

A New Exploratory Research on Franchisor's Provision of Exclusive Territories (가맹본부의 배타적 영업지역보호에 대한 탐색적 연구)

  • Lim, Young-Kyun;Lee, Su-Dong;Kim, Ju-Young
    • Journal of Distribution Research
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    • v.17 no.1
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    • pp.37-63
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    • 2012
  • In franchise business, exclusive sales territory (sometimes EST in table) protection is a very important issue from an economic, social and political point of view. It affects the growth and survival of both franchisor and franchisee and often raises issues of social and political conflicts. When franchisee is not familiar with related laws and regulations, franchisor has high chance to utilize it. Exclusive sales territory protection by the manufacturer and distributors (wholesalers or retailers) means sales area restriction by which only certain distributors have right to sell products or services. The distributor, who has been granted exclusive sales territories, can protect its own territory, whereas he may be prohibited from entering in other regions. Even though exclusive sales territory is a quite critical problem in franchise business, there is not much rigorous research about the reason, results, evaluation, and future direction based on empirical data. This paper tries to address this problem not only from logical and nomological validity, but from empirical validation. While we purse an empirical analysis, we take into account the difficulties of real data collection and statistical analysis techniques. We use a set of disclosure document data collected by Korea Fair Trade Commission, instead of conventional survey method which is usually criticized for its measurement error. Existing theories about exclusive sales territory can be summarized into two groups as shown in the table below. The first one is about the effectiveness of exclusive sales territory from both franchisor and franchisee point of view. In fact, output of exclusive sales territory can be positive for franchisors but negative for franchisees. Also, it can be positive in terms of sales but negative in terms of profit. Therefore, variables and viewpoints should be set properly. The other one is about the motive or reason why exclusive sales territory is protected. The reasons can be classified into four groups - industry characteristics, franchise systems characteristics, capability to maintain exclusive sales territory, and strategic decision. Within four groups of reasons, there are more specific variables and theories as below. Based on these theories, we develop nine hypotheses which are briefly shown in the last table below with the results. In order to validate the hypothesis, data is collected from government (FTC) homepage which is open source. The sample consists of 1,896 franchisors and it contains about three year operation data, from 2006 to 2008. Within the samples, 627 have exclusive sales territory protection policy and the one with exclusive sales territory policy is not evenly distributed over 19 representative industries. Additional data are also collected from another government agency homepage, like Statistics Korea. Also, we combine data from various secondary sources to create meaningful variables as shown in the table below. All variables are dichotomized by mean or median split if they are not inherently dichotomized by its definition, since each hypothesis is composed by multiple variables and there is no solid statistical technique to incorporate all these conditions to test the hypotheses. This paper uses a simple chi-square test because hypotheses and theories are built upon quite specific conditions such as industry type, economic condition, company history and various strategic purposes. It is almost impossible to find all those samples to satisfy them and it can't be manipulated in experimental settings. However, more advanced statistical techniques are very good on clean data without exogenous variables, but not good with real complex data. The chi-square test is applied in a way that samples are grouped into four with two criteria, whether they use exclusive sales territory protection or not, and whether they satisfy conditions of each hypothesis. So the proportion of sample franchisors which satisfy conditions and protect exclusive sales territory, does significantly exceed the proportion of samples that satisfy condition and do not protect. In fact, chi-square test is equivalent with the Poisson regression which allows more flexible application. As results, only three hypotheses are accepted. When attitude toward the risk is high so loyalty fee is determined according to sales performance, EST protection makes poor results as expected. And when franchisor protects EST in order to recruit franchisee easily, EST protection makes better results. Also, when EST protection is to improve the efficiency of franchise system as a whole, it shows better performances. High efficiency is achieved as EST prohibits the free riding of franchisee who exploits other's marketing efforts, and it encourages proper investments and distributes franchisee into multiple regions evenly. Other hypotheses are not supported in the results of significance testing. Exclusive sales territory should be protected from proper motives and administered for mutual benefits. Legal restrictions driven by the government agency like FTC could be misused and cause mis-understandings. So there need more careful monitoring on real practices and more rigorous studies by both academicians and practitioners.

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Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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A Study on Legal Issues with Airline Over-booking Practice (항공권 초과예약의 법률적 문제에 관한 연구)

  • Jeong, Jun-Sik;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.143-166
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    • 2012
  • This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

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Landscape Analysis of the Hallasan National Park in a Jeju Island Biosphere Reserve: Fragmentation Pattern (제주 생물권보전지역 내 한라산국립공원의 경관분석 : 단편화 현상)

  • Kang, Hye-Soon;Kim, Hyun-Jung;Chang, Eun-Mi
    • Korean Journal of Environment and Ecology
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    • v.22 no.3
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    • pp.309-319
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    • 2008
  • Roads are an indicator of anthropogenic activity causing ecosystem disturbances and often lead to habitat fragmentation, habitat loss, and habitat isolation. The Hallasan National Park(153.4$km^2$) on Jeju Island being distinguished for its unique geology, topography, and biota has also been designated as a core area of UNESCO Man and the Biosphere(MAB) Reserve. Although the high conservation value of this park has contributed to a rapid growth of tourists and road construction, landscape changes due to roads have not been examined yet. We used GIS systems to examine the fragmentation pattern caused by roads, in relation to its zonation, elevation, and vegetation. When a buffer was applied to roads(112m width for paved roads and 60m width for both legal and illegal trails), the park consisted of 100 fragments. The ten fragments generated after applying buffer to only paved roads and legal trails ranged from $0.002km^2$ to $38.2km^2$ with a mean of $14.2km^2$, and about 7% of both nature conservation zone and nature environment zone of the park were edge. Fragments in both east and west ends of the park and around the summit exhibited relatively high shape indices with means of 5.19(for 100 fragments) and 7.22(for 10 fragments). All five legal trails are connected to the pit crater of the mountain and vegetation changed from broadleaf forests and conifer forests to grasslands with elevation, consequently resulting in dramatic fragment size reduction in grasslands at high elevation, in particular above 1,400m, where endemic and alpine plants are abundant. These results show that in Hallasan National Park the risks of habitat deterioration and habitat loss due to fragmentation may be more severe in the nature conservation zone dominated by Baengnokdam than in the nature environment zone. Therefore, current road networks of the park appear to fall short of the goal of the national park for ecosystem conservation and protection. Considering that the entire Hallasan National Park also serves as a MAB core area, conservation efforts should focus, first of all, on park rezoning and road management to mitigate habitat fragmentation.

Informed Consent and Refusal of Treatment in Emergency Medical Situation (응급의료에서의 설명·동의 원칙과 응급의료거부죄)

  • Lee, Jung-eun
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.37-80
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    • 2022
  • By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.

Awareness, need and demand for the amendment of medical device law according to the general characteristics of some dental hygienists (일부 치과위생사들의 일반적 특성에 따른 의료기사법 개정에 대한 인식, 필요 및 요구도)

  • Lee, Hyeon-Jeong;Kwak, Ji-Won;Lee, Dong-Ha;Lee, Hyeon-Hee;Jeong, Hae-Mi;Joo, Soo-Yeon;Seong, Mi-Gyung
    • Journal of Korean Dental Hygiene Science
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    • v.1 no.1
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    • pp.23-36
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    • 2018
  • This research has been conducted from June 1, 2017 to August 25, 2017 for the dental hygienists working in Busan and Gyeongnam area, to provide necessary basic data for the purpose of revision of the relating laws from the analysis of their understanding and perspective on such laws through 262 subjects' questionnaire. Its analysis of their perspectives are as follows. 1. The common characteristics of the subjects are that 40.1% of them are under 25, and their working period was under three years with the 38.9%, and as for their marital status, 70.2% were single, the final education of 80.2% were associated degrees. Their working areas are centered in Gyeongsangnam-do province with 91.2%, the workplace type is for the dental clinic with 80.2%. 2. The comparison of the view point of the medical(technician) law according to the characteristics of the research subjects differed only whether or not the completion of the education, and as a result of the comparison according to the characteristics of those subjects understanding the details of the medical(technician) law, there was a significant difference saying "the current law has clear job description" depending on the working area or "the job duty is definite" depending on the job experience and job details. As for those saying "the job duty is definite", there was also significant difference depending upon marital status, final education and work details. There was no significant difference in all characteristics from findings of the necessity of legal system according to the subjects not understanding the medical(technician) law. 3. As a result of comparing the necessity of the medical(technician) law according to the characteristics of the research subjects, it was found that all the subjects accepted the necessity of the medical law revision including the dental hygienist in the medical person. The "necessity of the professional dental hygienist system" showed a significant difference depending upon the final education and medical institution type. Among the triggering factors in its amendment, there showed significant difference in the "cooperation of other organizations" and "solution of medical law problems" only in the final education. 4. As a result of comparison of the needs of the medical(technician) law revision according to the characteristics of the research subjects, it was found that the significant traits related to the age and job details showed "Legal responsibility would be increased" when the medical law is revised, in case that "it will help broaden the job extension", there showed a significant difference in career, final education, and working institution, and job details. "Legal protection is possible" showed significant difference except the age group and working area, and "it help the system settlement" showed in the final education. There was a significant difference in career, final education, and job details that "I can regulate the education and field practice", and the same in "my status will be improved" depending upon the final education, work area, and job details. Accordingly, in this research, for the establishment of more professional and comprehensive dental health service as suggested from the demand and necessity toward the medical(technician) Law by the dental hygienists.

A Feasibility Study on GMC (Geo-Multicell-Composite) of the Leachate Collection System in Landfill (폐기물 매립시설의 배수층 및 보호층으로서의 Geo-Multicell-Composite(GMC)의 적합성에 관한 연구)

  • Jung, Sung-Hoon;Oh, Seungjin;Oh, Minah;Kim, Joonha;Lee, Jai-Young
    • Journal of the Korean Geosynthetics Society
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    • v.12 no.4
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    • pp.67-76
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    • 2013
  • Landfill require special care due to the dangers of nearby surface water and underground water pollution caused by leakage of leachate. The leachate does not leak due to the installation of the geomembrane but sharp wastes or landfill equipment can damage the geomembrane and therefore a means of protecting the geomembrane is required. In Korea, in accordance with the waste control act being modified in 1999, protecting the geosynthetics liner on top of the slope of landfill and installing a drainage layer to fluently drain leachate became mandatory, and technologies are being researched to both protect the geomembrane and quickly drain leachate simultaneously. Therefore, this research has its purpose in studying the drainage functions of leachate and protection functions of the geomembrane in order to examine the application possibilities of Geo-Multicell-Composite (GMC) as a Leachate Collection Removal and Protection System (LCRPs) at the slope on top of the geomembrane of landfill by observing methods of inserting filler with high-quality water permeability at the drainage net. GMC's horizontal permeability coefficient is $8.0{\times}10^{-4}m^2/s$ to legal standards satisfeid. Also crash gravel used as filler respected by vertical permeability is 5.0 cm/s, embroidering puncture strength 140.2 kgf. A result of storm drain using artificial rain in GMC model facility, maxinum flow rate of 1,120 L/hr even spray without surface runoff was about 92~97% penetration. Further study, instead of crash gravel used as a filler, such as using recycled aggregate utilization increases and the resulting construction cost is expected to savings.

A Study of the Force Majeure as Immunity by 3rd Party Liability of the Aircraft-Operator -With respect to the German Aviation Act- (항공기운항자의 제3자 책임에 관한 면책사유로서의 불가항력 조항에 관한 고찰 - 독일 항공법상의 해석을 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.37-62
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    • 2016
  • Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

Assessment of the Value and Distribution of Geological Heritages in Korea: Jeolla Province (한국의 지질유산 분포와 가치평가: 전라권)

  • Cho, Hyeongseong;Kang, Hee-Cheol;Kim, Jong-Sun;Cheong, Daekyo;Paik, In Sung;Lim, Hyoun Soo;Choi, Taejin;Kim, Hyun Joo;Roh, Yul;Cho, Kyu-Seong;Huh, Min;Shin, Seungwon
    • The Journal of the Petrological Society of Korea
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    • v.28 no.4
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    • pp.319-345
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    • 2019
  • Recently planification and effort for management, assessment and discovery of geological heritagesare being increasingly demanded with institutional strategies such as geopark, as their preservation is asked socially. In this study, we discovered geological heritages in the Jeolla Province and then performed assessment of the value and grading of them and finally suggested a promising and suitable site for the National Geopark. A total of 325 geological heritages are listed on literature review and then detailed description in field and assessment of the value for selected 158 geoheritages are completed. The assessment items are categorized into intrinsic value, subsidiary value, and preservation/management part. The intrinsic value is subdivided into scientific/educational value, composed of representativeness, rarity, geodiversity, typicality, reproducibility, and particularity, and geomorphological/landscape value composed of scale, naturality (integrity), scenery (aesthetic value). Also, subsidiary value consist of 7 subsections of soil function, ecological function, tourism value, geological resource, historical value, folk tale or legend and symbolic value, and accessibility, convenient facility (infrastructure), management condition (legal protection) is evaluated in preservation/management part. The heritages in the Jeolla Province subdivided into three types: 73 geological heritages, 42 geomorphological heritages, and 42 composite heritages. Based on points acquired in intrinsic value, all geological heritages are graded Class-I to -V. As a result, numbers of geoheritage belong to Class-I (protection at world level), -II (protection at national level), -III (nationdesignated management), -IV (involved management list), -V (candidate management list) are 12, 39, 52, 34, 21, respectively. Finally, we construct database based on Arc-GIS with all informations for each geological heritage and suggest three promising and suitable sites, 'Jirisan-Seomjingang Area' and 'south coast area of Jeolla Province', for the National Geopark.