• Title/Summary/Keyword: Litigation

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A Study of the Prevent Measure by Case Analysis of Apartment Building Defect Lawsuit (공동주택 하자소송 사례분석을 통한 분쟁방지 대책에 관한 연구)

  • Pyeon, Su-Jeong;Kim, Jong-Ho;Kim, Gyu-Yong;Choe, Gyeong-Chol;Son, Min-Jae;Nam, Jeong-Soo
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.4
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    • pp.257-268
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    • 2021
  • This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

A Study on the Case Analysis by Type of the Cadastral Surveying Screening (지적측량 적부심사 유형별 사례분석에 관한 연구)

  • OH, Yi-Kyun
    • Journal of Cadastre & Land InformatiX
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    • v.52 no.2
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    • pp.137-152
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    • 2022
  • The cadastral boundary points which cadastral surveyor presented on the ground by conducting cadastral surveying represents the limits of land ownership and give binding force and determination power. However the land disputes have increased these days mainly due to cadastral registration errors, surveying errors and land owners recognition error. In these cases, the cadastral survey interests try to find solution by either a administrative procedures by appealing civil complaint or border determination litigation through court. The neighboring residents and related organization have difficulties in resolving the civil complaints. In this study cadastral surveying and cadastral boundary determination process has been reviewed and the results of cadastral surveying screening by Central Cadastre Committee from 2016 to 2021 have been classified. The outcomes of this research will be used for cadastral surveying and contribute for reducing land disputes and improve reliablity of cadastral surveying.

A STUDY ON THE GROWTH OF PRIVATE SECURITY IN THE UNITED STATES (미국(美國) 민간경비의 성장요인 분석)

  • Lee, Chang-Mu
    • Korean Security Journal
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    • no.6
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    • pp.273-289
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    • 2003
  • The purpose of this study is to explore the underlying causes of the development of private security in the United States. These include the increasing crime rates and fear of crime, the poor performance of public policing, the decentralization of political authority, the increase of mass private property, economic growth and increase of personal income, commodification of security, insurance companies' demand for tighter security and fear of litigation, and historical events such as World War I & II. Based on the findings of this study, it is suggested that no single factor would account for the growth of private security in the United States. In other words, the rapid growth of private security in the United States should be attributed to the interrelated influences of the factors given above. Finally, it might be the contribution of this study that the future development of private security in Korea would be guided by understanding the case of the United States because of the similarities of the developmental process in private security industry of two countries.

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Models of Social Relief Schemes for Medical Malpractice (의료사고피해 구제제도의 제 모형)

  • 문옥륜;이기효
    • Health Policy and Management
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    • v.2 no.1
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    • pp.80-114
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    • 1992
  • Current compensation schemes for medical malpractice based on negligence is absolutely malfunctioning in Korea. Focussing on the reform of present tort systems for resolving medical malpractice disputes, this paper discusses the alternative models of the Social Relief Schemes for Medical Malpractice (SRSMM). Alternative models of SRSMM should fundamentally be based on either negligence or nofalult compensation principle. On the foundation of the previous relief principle, the SRSMM should be equupped with three major components-the preventio/reduction of the sharp increasing medical malpractice, the effective and efficient resolving process for malpractice disputes and the proper social financing scheme for compensation. The paper deals with pros and cons of the possible alternative models for reform centering on the three major components of the scheme. As conclusions, administrative arbitration machinaries and a compulsory fund for compensating the injured under the negligence principle are proposed to resolve the current problems Korea has faced.

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THE NUMERICAL IMPLEMENTATION OF RISK

  • Lee, Chun-Jin
    • Journal of applied mathematics & informatics
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    • v.2 no.2
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    • pp.53-62
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    • 1995
  • If one is to estimate environmemtal risk based on data or predict risk based on expert opinion the parameter environmental risk musk be defined precisely so that when data becomes available the numerical values of the estimates and/or prediction can be evaluated. Also the definitionmust be precise so that it may be successfully used in regulatory and litigation activities. The presentation is a develop-ment of a definition which lends to statistical analysis and to inference in addition lends to ease of engineering interpretation. Various impli-cations and useful extensions in measuring numerically for two or more dimensional mixed effects of several toxicants could be developed in further research.

Impact Sound Insulation Characteristics of Floors according to the number of P'yong and Layers (초고층 공동주택의 평수와 층수에 따른 바닥충격음 차음 특성)

  • Lee, Sang-Woo
    • KIEAE Journal
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    • v.4 no.3
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    • pp.71-78
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    • 2004
  • Apartment housing is a widely-spread type in Korean housing market. Nevertheless, it has caused serious problems such as traditional community corruption, unsafe structure, defects and litigation from noise. Noise, especially in concrete structure for apartment housing, is hardly controlled in proper to prevent sound transmission between upper and lower families with existing system. In foreign countries, there are floating floor system to enhance the noise control performance in multi-family housing. This study is to examine the impact sound insulation performance of floors according to the different P'yong and Layers by field measurement in highrise building.

A Study on the Subjective Responses to Environmental Noises (주거 환경 소음에 대한 거주자 반응조사에 관한 연구)

  • Song, Guk-Gon;Lim, Jun-Yeong;Lee, Tai-Gang;Kim, Sun-Woo
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2008.04a
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    • pp.5-8
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    • 2008
  • Apartment housing is a widely-spread type in Korean housing market. Nevertheless, it has caused serious problems such as traditional community corruption, unsafe structure, defects and litigation from noise. Noise, especially in concrete structure for apartment housing, is hardly controlled in proper to prevent sound transmission between upper and lower families with existing system, In foreign countries, there are floating floor systems to enhance the noise control performance in multi-family housing. Therefore, this study aims to analyze subjective responses on sound characteristics in residential buildings. We analyzed the residential response and the quantities of measured data from environmental noise. The results of this study will be useful to provide guideline to make policy of environmental noise and criteria.

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Analysis on the Causes and Countermeasures of Sino-US Trade Friction

  • Tan, Dan;Shuai, Xiaoyu
    • Asia-Pacific Journal of Business
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    • v.7 no.2
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    • pp.49-59
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    • 2016
  • The study attempts to investigate the causes of Sino-U.S. trade friction in recent years and provides countermeasures accordingly. The import and export volume of two countries, the product structure of China's export, the 337th Act lawsuits related to China, the industries involved in trade friction, and the G-L Index of Sino-U.S. Products are analyzed in detail. The causes of Sino-US trade frictions are discussed from the aspect of mercantilism and trade protectionism, interest groups and governments' trade policies, Chinese product structure, intellectual property protection in China, and performance of Chinese enterprises in litigation. Based on these, countermeasures are put forward. China needs to implement industrial upgrading, increasing the added value of products, and improving intellectual property protection. A trade friction warning system also needs to be constructed. The Chinese government needs to carry out strategic dialogue and international negotiation.

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A Study on the Adjustment System and Role of an Expert Witness based on the Medical Dispute Settlement Act. (의료분쟁조정법상 조정제도와 감정의 역할)

  • Kim, Kee hong
    • Journal of Arbitration Studies
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    • v.30 no.1
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    • pp.185-198
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    • 2020
  • In the event of a medical conflict in South Korea, civil lawsuits can be very complicated, time-consuming, and costly. Under the Medical Conflict Conciliation Act, the mediation system has expanded its function to coordinate disputes between individuals and medical institutions in a more efficient manner prior to litigation. Currently, conflict mediation organizations and legal systems are established in each sector, and the Healthcare Dispute Settlement Commission will also play an important role in the public sector. In this study, the characteristics of the evaluation system of the Korea Institute of Medical Conflict Arbitration are examined; and, by looking at the case of medical examinations, it is proposed to show the mediation system and the manner and role of the examinations. Medical expertise is a very important area of the qualitative standards and expertise of participants because the participants must play a role in medical consultation and appraisal in connection with medical experts.

Legal Issues on Deception of Fraud and Abuse of Paid Medical Expenses (요양급여비용 허위청구와 사기죄의 법적 쟁점)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.11-41
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    • 2013
  • Article 347 of criminal law provides the act of deceiving another, thereby taking property or obtaining pecuniary advantage from another. On the other hand, the concepts of fraud and abuse are confused upon interpretation since the definition in National Healthcare Insurance Law is unclear, and it affects closely to the administrative measures such as surcharge levy by the period of inspection, therefore, the disputes continue in the forms of formal objection, administrative ruling and administrative litigation. This study aims to look over the legal problems on application of criminal fraud toward the abuse of 'Paid Medical Expenses(Article 57, Sections 1 and 4 of the National Health Insurance Act)'. The main issues are concept of abuse(Article 57, Sections 1 and 4 of the National Health Insurance Act), the problems of Directions of Health-Welfare Ministry on aspect of 'Nullum crimen sine lege' Principles, the proper sentenc-ing guidelines of fraud.

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