• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.139-161
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• 2017

In this paper, The Supreme Court of Korea 2016. 1. 28. 2015Da9769 was reviewed. In the previous case, Korean Supreme Court 2009Da17417 for the element to requirement for permission of the withdrawal of life-sustaining treatments, the patient's consent for withdrawal of life-sustaining treatments was assumed a declaration of intention to terminate the contract. But the consent for withdrawal of life-sustaining treatments corresponds not to those. The consent for medical treatments is not the juristic acts but the real acts. If the presumptive intention about these withdrawal regards as the termination of medical contract, the contract must be up to the starting the civil proceedings. According to this case, although the partial cancellation of medical contract is admitted, on the other hand medical expenses obligation ist exempted only after the final decision. At the withdrawal of life-sustaining treatments the medical obligation ist exempted because of the inability to providing the medical payment, which confirmed by the final decision about the withdrawal of life-sustaining treatments. Therefore the judgement of this case ist appropriate in that sense, the medical obligation ist waived only after the final decision. However that legal basis lies not at the partial cancel but at the partial inability.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.15 no.5
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• pp.157-174
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• 2020

The purpose of this study is to examine the effects of personal characteristics and social entrepreneurship on social entrepreneurship intention, and to determine whether the moderating effect of gender influences on the relationship between personal characteristics and social entrepreneurship. In order to achieve these research objectives, the personal characteristics affecting social entrepreneurship were identified with moral obligation, self-efficacy, and emotional intelligence. Also, prior studies on social entrepreneurship and social enterprise entrepreneurship intention were reviewed. As a result of the study, we find that moral obligation, self-efficacy, and emotional intelligence all had a positive effect on social entrepreneurship. Second, social entrepreneurship had a positive effect on social enterprise entrepreneurship intentions. Third, analyzing the moderating effect of men and women in the relationship between personal characteristics and social entrepreneurship, it was found that there was a difference in the value of the path coefficient representing the relationship between moral obligation and social entrepreneurship. However, there was no moderating effect in the relationship between self-efficacy, emotional intelligence, and social entrepreneurship by gender. Therefore, this study is expected to serve as a reference for people who want to start a social enterprise in the future to verify their characteristics and use them as a way to improve their social entrepreneurship.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.123-163
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• 2014

As results of analyzing judicial precedents about infection in hospitals in connection with mistakes and causality in medical litigations shows that the Mitigation of Law Principles To Prove responsibility in medical litigation has not been able to play its role compared to its intended purposes. And Major sentiment from those judgments is that a mistake can't be proved only by the fact that certain infection in hospital occurred in connection with hospital infection. Therefore, the number of indirect facts to deny estimation is overwhelmingly high. Like this, especially for hospital infection which is difficult to prove indirect facts themselves to estimate mistake, major sentiment from those judgments have a problem that impute sharing of losses caused by hospital infection to patient. In accordance with the Principles of equitable and proper sharing of losses, it's required to prepare legal interpretation and theoretical methods to largely mitigate patient's responsibility to prove medical mistakes compared to other medical litigations in connection with existing Mitigation of Law Principles To Prove responsibility and conventional theory of estimation. In connection with this, the results of review that duty of safety management in hospital infection cases can be the base of conversion of proving responsibility, the duty that prevent hospital infection, corresponding the duty of safety management in hospital infection is not conventional duty of safety management based on duty of good faith but secondary obligation of medical contract. The breach of duty preventing hospital infection is the violation of medical contract, but there is no logical necessity that convert proving responsibility from the obligation of contract itself. Therefore, the duty of preventing hospital infection from the obligation of medical contract, corresponding the duty of safety management in hospital infection cases cannot be the base of conversion of proving responsibility alone. But, it's still required to conversion of proving responsibility in hospital infection, we need further studies on cases of Germany which applies legal estimation of proving responsibilities in hospital infection.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• Journal of Families and Better Life
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• v.19 no.4
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• pp.201-210
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• 2001

The purpose of this dissertation is to examine role and license of family welfare specialist and suggest in the occurrence of domestic violence crime family welfare specialist compulsory intervention rules legislate in the Domestic Violence Law. As for the methodology of the study, by a plan of the role and intervention of family welfare specialist on the Domestic Violence Law. First, role and its license of family welfare specialist, second, intervention for domestic violence defense of family welfare specialist system, third, for support legislation of family welfare specialist on the Domestic Violence Law. Namely, family welfare specialist of role in a report obligation of domestic violence accident, family welfare specialist of intervention in an emergency aid process of police, family welfare specialist of intervention in decision process of a court, family welfare specialist of intervention in the nation obligation in regard to domestic violence accident, family welfare specialist of intervention in the domestic violence counselling center. Finally, for the successful outcome of the role and intervention of family welfare specialist on the Domestic Violence Law, after all, not only the fulfillment of the condition of the system described above but also changes in peoples understanding are important.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2016.05a
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• pp.199-201
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• 2016

The performance of navigational equipments is advanced, but the importance of the practical capability of bridge device by ship's officer, ie the ability of risk prediction and the obligation of avoidance for reducing sea accident, has been constantly augmenting. This abilities and obligation may be represented in the cognitive competence of navigational officer. Different levels of ship's bridge team was carried out rescue maneuvering by ship handling simulator and then it analyzed the resulting of initial response in cognitive progress by case based on trajectory. Further, the data will be used as training and evaluation model of cognitive situation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.159-177
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• 2010

This work intends to study some problems in relation to the issuance of letters of credit. Those problems are the delay of issuing letters of credit, the reissuing letters of credit, and the issuing letters of credit in the third party's name. Sellers and buyers must keep in mind that the supply of letter of credit by buyer is the condition precedent for a seller's shipment obligation. A seller has no obligation to ship the goods until he receives the letter of credit by buyer's bank, issuing bank. An issuing bank can have the risk that an original letter of credit and a reissued letter of credit can be used double in the exporting country. The most safe method for issuing bank is to cancel the original letter of credit and to reissue a new letter of credit. When an issuing bank issues a letter of credit in the third party's name, the bank should investigate the background of the transaction and give the buyer a proper line of credit.

• Journal of the Korean Institute of Navigation
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• v.23 no.3
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• pp.1-15
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• 1999

Recently, due to the several factors such as the advent of very large vessels and high-speed vessels, and the increase of the maritime traffic density at sea, the obligation, responsibility and burden of marine officers on duty for the safety of navigation has been highly escalated. Under these situations, if the appropriate and correct navigational information is given to officers at real time by means of certain integrated information processing system, these obligation, burden and danger can be reduced. This paper deals with the study on the development of the Navigational Information Monitoring and Recording System that can give and record the integrated navigational information based on the personal computer system installed on board. To construct this system, the interface unit which changes different signal types of navigational equipments to NMEA 0183 signal format and the application software to show the visual navigational information were developed. In this study, the navigation system of T/S HANBADA in Korea Maritime University was used in order to construct the actual system that can be utilized in other ships, and also the performance test was carried out several times to examine the performance of the system developed. It was proved that all functions of the system as designed worked smoothly through the performance test. Also this system could be operated easily and conveniently by every user.

• Proceedings of the SAREK Conference
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• 2009.06a
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• pp.1343-1347
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• 2009

In order to comply with the global energy crisis and environment problem, it is necessary to research and develop the energy utilization technology with the reduction of the primary energy usage. Although the increasing rate of energy consumption started to attenuate, the entire consumption of energy as well as $CO_2$ emission rate tends to increase steadily along with an economic growth in Korea. The energy demand in Korea increases by annual 3.7% during the period from 2000 to 2006. And it is expected that we should take a charge of the greenhouse gas reduction obligation by the Climatic Change Convention(Kyoto Protocol) during the 2nd pledge period($2013{\sim}2017$). According to the IEA report in 2005, the emission amount of carbon dioxide is the 10th place in the world, and the increasing rate is 4.7% annually. Considering the economic scale of Korea, the degradation of energy usage is inevitable when the greenhouse gas reduction obligation come into effect. Therefore, effective energy usage is a very important issue to minimize baneful influence on industrial and economic activities.

• Journal of Environmental Science International
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• v.25 no.12
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• pp.1643-1651
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• 2016

It is important to understand consumer attitudes associated with their eco-friendly behavior on account of not only environmental reasons, but also corporate aspects. In this study, we examine the relations between variables influencing eco-friendly attitudes and eco-friendly behavioral intentions, namely, recycling, reusing, and reducing (3R). We first, performed a theoretical consideration through reviews of literature on ethical identity, ethical obligation, altruism, and eco-friendly attitudes, and behavioral intentions. Based on the literature review, we designed a study model and drew hypotheses. Further, we collected data using a survey and processed them statistically in order to verify the hypotheses. A total of 265 samples were collected and the data were analyzed using a structural equation model (-LISREL 8.70). The results suggest that ethical identity and altruism significantly influence environmental attitudes. However, the effects of ethical obligations on eco-friendly attitudes are insignificant. The environmental attitudes have a significant effects on the consumer behavioral intention for recycling, reusing, and reducing. Although this study has some limitations, it is expected that it will positively trigger follow-up research.