• 의료법학
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• 제11권1호
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• pp.59-84
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• 2010

Medical practice is characterized by various physiological response and uncapacity of prediction, therefore when medical accident occur it's hard to prove medical professionals' mistake. Though medical accident by medical professionals' mistake will be compensated anyhow, about irresistible medical accidents, no one should be not bound to compensate, victims get into very difficult situation. So, the nation don't negligent irresistible medical accidents but compensate anyway. As in the past, to the legal principle's constitution of irresistible medical accidents, theory of liability without fault was adapted, and it was said this theory was illogical in theory of liability with fault. But the subject of compensation to irresistible medical accidents is nation, nation don't participate in medical treatment therefore there is no room to occur mistake. And it is not reasonable to regard medical agency as a truster of public service, to cast to it responsibility of medical accidents. The problem of compensation to irresistible medical accidents is understood under the theory of social compensation. Social compensation is consisted of compensation to sacrifice and contribution to nation and society and compensation to sacrifice revealed under danger, the compensation to irresistible medical accidents belongs to the latter. This is near to concept of relief, is applied to national compensation system supplementarily, and compensation have no option but to compensate minimum. And there are not relation between national compensation system of irresistible medical accidents and proof liability transposition and theory of liability with out fault, merely in side of sharing responsibility burden between medical treater and victim, it is reasonable to discuss transportation of proof liability and compulsive liability insurance together.

• 의료법학
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• 제7권2호
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• pp.271-310
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• 2006

In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.

• 한국산업보건학회지
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• 제22권1호
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• pp.26-31
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• 2012

Objectives: To review the occurrence of cancer cluster in S Electronics semiconductor factories, process of epidemiological researches and lawsuit for industrial accident compensation. Methods: Occupational Safety and Heatlh Research Institute (OSHRI) epidemiological research report, Seoul National University (SNU) field survey report and Seoul Administrative Court ruling were investigated. Result:: OSHRI denied the association between working environment and outbreak of cancers, but SNU survey team reported that carcinogens do exist in workplace and the workers are exposed to them. Seoul Administrative Court ruled that 2 victims got cancer due to hazardous chemicals in working environment and be compensated but 3 victims were not acknowledged. Conclusions: Procedure of current OSHRI epidemiological research should be reassessed by the purpose of Occupational Accident Compensation Insurance Law.

• 한국콘텐츠학회:학술대회논문집
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• 한국콘텐츠학회 2006년도 춘계 종합학술대회 논문집
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• pp.322-326
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• 2006

국가배상법 제5조 영조물책임법리에 적용되는 대표적인 영조물에는 인공공물인 도로와 자연공물인 하천이 있다. 최근 하천범람과 수재로 인한 국민들의 피해가 빈번하게 발생하고 있고, 국민들도 더 이상 천재로 보지 않고 인재로 보고 국가배상을 청구하는 경향이 있다. 특히 하천의 범람, 하천제방의 붕괴로 인한 수해가 빈번히 발생하였고, 개수중인 하천에서 다시 수해가 발생하는 경우도 일어나고 있다. 그리하여 국가는 하천관리상의 하자로 인한 손해발생에 대한 책임을 떠맡아야 하며, 하천관리시설의 확충과 내실화를 기울여야 함과 아울러 책임범위를 확대해야 하는 시점에 왔다고 본다. 따라서 본 연구의 범위는 국가배상법 제5조 영조물의 설치 관리상의 하자로 인한 손해배상 중 하천관리상의 국가배상에 한정하기로 한다. 이러한 범위내에서 자연공물에 해당하는 하천관리상의 하자로 인한 손해배상에 관한 제반 법리와 판례를 분석 검토함에 따라 하천관리를 둘러싼 국가배상책임에 관한 문제점과 대처방안을 모색하는데 연구의 목적이 있다.

• 대한예방한의학회지
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• 제1권1호
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• pp.137-148
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• 1997

The Serial Securities and the Social Welfare, as the national policy aimed at securing generals' lives, are the policies or systems for the stabilization in lift; especially of law-incomers and workers, for which the povernment has to establish the Social Security System. No wonder the Social Insurance System is a part of the Social Security System and the most important. The Social Insurance System, along with Public Assistance, is underlying the Social Security System. Social Security System includes medical insurance, industrial accident Compensation insurance, national pention insurance and employment insurance. The study is on 'The Oriental Medical Insurance and the Industrial Accident Compensation in the Social Security System' . The rate of industrial accident in Korea marks the highest rank in the world. for laborer, industrial accident do not merely mean the loss of health but the question of the right to live in terms of their loss of opportunity of life. The industrial accident compensation system should be established as the es post facto remedy system to guarantee the injured worker and his/her family's life. The oriental medical insurance system which began to operate in 1987 in Korea is based on unionism and divided into 3 parts; one part for the worker, a second part for the community inhabitants, and a third part for the public service personnel and private school personnel. Today the medical problem must be the most important social assignment to be considered. The medical system of contemporary industrial society has began greatly stood out in relief as a part of social welfare not emphasized on gainings of physicians. Accordingly systematization of the oriental medical insurance was strongly Pursued and it was developed to to the extent of entire nation insurance. Though the history of it is very short, most of the people are getting benefit from the insurance system by the social security system method. This study develops the Oriental Medical Insurance, the Workmen's Accident Compensation Insurance, the Pension System in relation to the industrial accident compensation of Employees, along with the ideas and principles of social insurance.

• 제어로봇시스템학회:학술대회논문집
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• 제어로봇시스템학회 2003년도 ICCAS
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• pp.354-359
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• 2003

In this paper, we consider the problem of designing a simple learning variable structure system for repeatable tracking control of robot manipulators. We combine a variable structure control law as the robust part for stabilization and a feedforward learning law as the intelligent part for nonlinearity compensation. We show that the tracking error asymptotically converges to zero. Finally, we give computer simulation results in order to show the effectiveness of our method.

• 농촌계획
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• 제12권3호
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• pp.29-37
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• 2006

Jeju coastal landscape has been changed from 1980's. Construction of coastal road, rearing fm, restaurant and condominium are main reasons of destroying the Jeju coastal area. Recently, the law for preserving coastal landscape is effective to prevent diverse construction activities, the land is comparatively restricted in the coastal landscape preservation districts. The resident's attitude toward restricted landlord has been carried out in Jeju province and compensation program has been developed for landlord in the coastal landscape preservation district. To speak compensation programs, First, land compensation as if cash compensation and right of purchase claim, Second, incentive as if tax reducement or regional support, Third, assignment of development right.

• 의료법학
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• 제15권1호
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• pp.263-302
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• 2014

The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• 대한교통학회지
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• 제26권1호
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• pp.65-78
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• 2008

2005년 철도구조개혁 시행에 따라 한국철도공사가 출범하였고, 철도운영자가 제공하는 공익서비스비용에 대하여는 철도산업발전기본법 제32조 및 제33조에 의해 원인제공자가 보상토록 규정하고 있다. 이에 따라 공익서비스비용의 보상은 '05년도 처음 시행되었으나, 비용 산정의 적정성 및 기준 미비 등으로 보상규모의 공정성 객관성에 대한 외부기관으로부터 문제가 제기되었다. 따라서 본 연구에서는 국내외 유사사례를 검토하고, 공익서비스비용 보상의 주요항목인 벽지노선의 적정한 선정기준 및 비용 산출, 운임감면액 보상범위 등과 관련하여 문제점과 개선방안을 살펴보았다.