• Title/Summary/Keyword: LegalTech

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Risk and Responsibility in Korean Tobacco Litigation: Epidemiology and Causality in Late Modern Risk (한국 담배소송에서의 위험과 책임: 역학과 후기 근대적 인과)

  • Park, Jinyoung;Yi, Doogab
    • Journal of Science and Technology Studies
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    • v.15 no.2
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    • pp.229-262
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    • 2015
  • Toxic tort cases have increased dramatically since the 1970s, as large technological systems, such as nuclear power plants and chemical factories, or mass-produced, high-tech products, had exposed citizens and consumers to dangerous substances. It was, however, difficult to establish causal connection between exposure and the alleged harms in many of the environmental, pollution, and product liability cases under the framework of tort law conception of causation and responsibility. Science and law was called upon to resolve such 'late modern' legal cases where true causes are hard to find, where no single explanatory factor is sufficient for explaining diseases like cancer. This article examines how plaintiffs in the Korean tobacco litigation mobilized such late modern tools in science and law, such as epidemiology and the allocation of the burden of proof, in the context of the global circulation of science and law. It further shows how a set of the scientific theories and legal arguments developed in order to cope with late modern risk played a central role in establishing a causation between smoking and cancer in 2011. This article suggests that STS scholars can fruitfully examine the interaction between science and law as a way to understand and engage with social and legal issues engendered by late modern risk.

Historical Review for the Government Contractor Defense (Government Contractor Defense(정부계약자항변)에 대한 연혁적 고찰)

  • Shin, Sung-hwan
    • Journal of Advanced Navigation Technology
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    • v.21 no.3
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    • pp.230-242
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    • 2017
  • A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

Derivation of Building Fire Safety Assessment Factors for Generating 3D Safety Status Map (3D 안전상태지도 제작을 위한 건물 화재안전 평가항목 도출)

  • Youn, Junhee;Kim, Taehoon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.10
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    • pp.40-47
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    • 2020
  • Various technologies, systems, and legal systems are applied to prevent and quickly respond to fire disaster; nevertheless, the damages to life and property caused by fires are not reduced every year. For managing fire disaster, generating spatial information-based safety status map and procuring suitability of attribute information for each position information are essential. The safety status map is generated by deriving the fire safety status assessment factors, indexing, and locating the surveying results through various methods. In this paper, we deal with derivation of building fire safety assessment factors for 3D safety status map. At first, we survey the foreign and domestic fire assessment model cases and its factors, and analyze the applicability of Korean 3D fire safety status map. Next, assessment factors for fire safety assessment model are derived. Assessment factors are derived and categorized by their information collecting activity; factors that can be accessed through basic building information and factors that can be accessed through field survey. As a derivation result, 14 assessment factors were derived over five categories(Industry Risk, Structural Risk, Fire Fighting Facility, Fire Dangerousness, Fire Response Status).

Legal and Economic Analysis of Changes in Customer Value of Fintech and Financial Services

  • Lee, Jung Woo
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.12
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    • pp.279-291
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    • 2020
  • It has already been a few years since the word Fintech in Korea started to attract attention. These days, they believed that Fintech was just a boom, but these days it is recognized as a catalyst for financial transformation. Large venture companies are also launching demonstration experiments by creating new organizations that can respond to Fintech. It feels like a big tide is coming to the cautious and conservative financial industry. Finance is made up of digital information. Fintech is an evolutionary process in which finance, expressed by digital information, is transformed into information technology (IT) and human economic activities are reorganized. It is FinTech. You won't be able to understand the real effects of Fintech by sticking to individual applications like remittance payments or household account book services. Fintech is an innovation that changes the structure of economic activity itself. In fact, it is from now on that a big impact will come. In other words, now is the time when we are thinking of a dream that we have not yet dreamed of. In this paper, I will examine how fintech originated, spread to Korea, and how it intends to change Korea's finance in the future. Financial institutions have used the fruits of information technology advances in the direction of pursuing stability and stability, without major changes in the way they work. However, the movement of Fintech that started in Silicon Valley in the United States shows that the fruit can be used in other directions. The fruit of technological progress is expected to expand year by year in the future. It is a request of the times to use it to improve user convenience and to pursue innovation that is beneficial to society. We expect the flow of Fintech to accelerate innovation in the Korean financial industry.

The Challenges of Public Policy Management for the 4th Industrial Revolution (제4차산업혁명에 대응하는 공공관리의 변화와 향후 과제: 사회-기술시스템론적 접근을 중심으로)

  • Jin, Sang-Ki;Bang, Min-Seok
    • Journal of Digital Convergence
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    • v.16 no.4
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    • pp.39-47
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    • 2018
  • This paper aim to propose and suggest for government to reinvent and re-steering the policy on the 4th industrial revolution in Korea. To do it, this paper annalize the advanced country's policies and hard-data sets from many international research institutes. So this paper emphasized the concept and frame of socio-technical system approach by Geels. According to this approach, this paper can get a conclusion that Korea government has to focus on the roles to solve the big social dilemma with high-tech tools from the 4th industrial revolution. And this paper point out the necessary of increasing the diversity and multidisciplinary in 4th industrial revolution policy of Korean government. These findings of this paper recommend for Korea to redesigns the governance mechanism and legislation platform and to design the future readiness.

Legality of R&D Subsidies and Its Policy Framework under the World Trading System: The Case of Civil Aircraft Disputes

  • Shin, Wonkyu;Lee, Wonhee
    • STI Policy Review
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    • v.4 no.1
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    • pp.27-53
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    • 2013
  • Technology research and development (R&D) expenditures have increased as most countries recognize that technological innovation is a significant factor for continued economic growth. R&D subsidies by governmental entities were permitted in accordance with the Subsidy and Countervailing Measure (SCM) Agreement under the World Trade Organization (WTO) system. However, according to Article 31 of the SCM Agreement the provision for R&D subsidies have been terminated as of January 2000 and legal disputes over R&D subsidies are likely to increase. The aircraft industry has been the only industry where R&D subsidies have become an issue under the WTO. This paper examines international trade disputes within the aircraft industry in regards to measures by Canada and bilateral disputes between the U.S. and the European Communities (EC). In these cases, various R&D subsidies on civil aircraft are found to be inconsistent with WTO rules. This study summarizes the WTO decisions on various R&D subsidies disputed in the aircraft cases and examines the type of R&D subsidies found to be inconsistent (or consistent) with the WTO to provide guidelines for current and future R&D subsidy policies in high-tech industries. The Canada-Aircraft case indicates that R&D subsidies directly targeted towards near market R&D projects with a high export potential will likely be in violation of current WTO rules. Furthermore, findings from the EC-Aircraft and the U.S.-Aircraft cases suggest that the forms (or the methods) of R&D subsidy distribution were not a sufficient condition for the WTO ruling; instead, what ultimately mattered was whether and specifically to whom the benefits of the R&D subsidies are conferred by the government entities.

Optimization of forensic identification through 3-dimensional imaging analysis of labial tooth surface using open-source software

  • Arofi Kurniawan;Aspalilah Alias;Mohd Yusmiaidil Putera Mohd Yusof;Anand Marya
    • Imaging Science in Dentistry
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    • v.54 no.1
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    • pp.63-69
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    • 2024
  • Purpose: The objective of this study was to determine the minimum number of teeth in the anterior dental arch that would yield accurate results for individual identification in forensic contexts. Materials and Methods: The study involved the analysis of 28 sets of 3-dimensional (3D) point cloud data, focused on the labial surface of the anterior teeth. These datasets were superimposed within each group in both genuine and imposter pairs. Group A incorporated data from the right to the left central incisor, group B from the right to the left lateral incisor, and group C from the right to the left canine. A comprehensive analysis was conducted, including the evaluation of root mean square error (RMSE) values and the distances resulting from the superimposition of dental arch segments. All analyses were conducted using CloudCompare version 2.12.4 (Telecom ParisTech and R&D, Kyiv, Ukraine). Results: The distances between genuine pairs in groups A, B, and C displayed an average range of 0.153 to 0.184mm. In contrast, distances for imposter pairs ranged from 0.338 to 0.522 mm. RMSE values for genuine pairs showed an average range of 0.166 to 0.177, whereas those for imposter pairs ranged from 0.424 to 0.638. A statistically significant difference was observed between the distances of genuine and imposter pairs(P<0.05). Conclusion: The exceptional performance observed for the labial surfaces of anterior teeth underscores their potential as a dependable criterion for accurate 3D dental identification. This was achieved by assessing a minimum of 4 teeth.

The Limitation of the Military Aviation Manufacturer's Liability (우리나라 군용항공기 제작사의 책임제한 해결방안에 관한 고찰)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.139-175
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    • 2017
  • The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

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A Study on the Analysis of China's Telemedicine Industry from the Perspective of the Industrial Innovation System and its Implications for Korea (산업혁신체제 관점에서의 중국의 원격의료 산업 분석과 국내로의 함의점 연구)

  • Kim, Mikyung;Zhang, Yi
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.441-453
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    • 2021
  • Recently, the untact healthcare industry due to COVID-19 has been attracting attention, and the telemedicine industry based on medical information has become a field of the healthcare industry receiving attention. However, in Korea, due to obstacles in the legal system, telemedicine is still illegal between doctors and patients. In the case of neighboring China, the reality is the opposite of the recent rapid growth of the telemedicine industry under the leadership of the government. This study looks at this from the perspective of the industrial innovation system on the grounds that telemedicine is an industry and innovative technology needs to be changed to clarify the difference between domestic and Chinese telemedicine industries. As a result of analyzing China's telemedicine industry on the seven sub-divisions of demand conditions, innovators, networks et al., Such as seizing appropriate opportunities for demand driving effects and appropriate communication between economic actors were identified as major success factors. This researcher proposes the following suggestions. first, it conforms to the current digital New Deal policy flow, and conducts a demand survey on the change in demand for medical services in the 4th Industrial Revolution and the Untact Era. For the introduction, a plan to conduct a demand survey for the public and second, second, a plan to grow and intensively foster digital high-tech medical care as a new industry was suggested.

The Study on the Measure to Improve the Event Place Guarding Operation System (행사장경호 운용시스템 개선방안에 관한 연구)

  • Lee, Sang-Chul;Kim, Tae-Min
    • Korean Security Journal
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    • no.11
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    • pp.203-226
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    • 2006
  • A highly sophisticated expertise and systematic and integrated management of security operation are essential for a crowded stadium. a special object of security guarding. Nonetheless, the recent incident in a singing concert hall reveals the overall problem like the lacking safety management system. lacking deployment of professional security personnel, absence of safety manuals and safety measures, as well as the lack of professionalism of private sector security companies. In this study, we presented three categories that needed improvement, like the legal and institutional improvement, improvement of policy and improvement of operation which are required to set up the model to operate the optimal private sector security duties. For the revision of law and institution for a better and more desirable method, we discussed the revision of related laws and regulations pursuant to the security operation at places where events are held, including the revision of law on security guarding work, regulation on common housing management, uniformity of security guarding, and law on performance. For the improvement of policies, we discussed the introduction of security consultants, strengthening the security instructor system, expansion of relevant organizations, establishment of mutual cooperation, privatization of profitable events, improvement of awareness about the security activities provided by private sector, policy for the professionalism of private security operation, expansion of security exhibition and seminar. For the improvement of operation. we discussed professional security techniques. such as the technique of security consulting, the application of CPTED technique, the technique for the integration of system, the method of operation, the establishment of a system to support public security operations and volunteers, establishment of a manual for security guarding performance, modernization and high tech-oriented equipment, organization of security guarding entity in which the industry, academic society and government participates together.

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