• Title/Summary/Keyword: Reparation

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Reparation for Victims of the International Civil Aviation Arising from Armed Conflict Zones

  • Huaping, QIN
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.245-271
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    • 2015
  • The downing of the MH17 reminds the world that the international civil aviation is not as safety and security as people expected. Such tragedy is partly due to the risk and danger of the armed conflict zones, but is more attributed to the ignorance to the international law by the responsible parties concerned. International laws applicable to the armed conflict zones shall be strictly followed, and the reparation shall be provided to the victims, otherwise such disaster could not be avoided in the future.

The Relationship between Parental Discipline Style and Preschoolers' Conscience : The Moderating Role of Fearfulness (부모의 훈육방식과 유아의 양심간의 관계 : 두려운 기질의 중재적 역할)

  • Cho, Eun-Young;Doh, Hyun-Sim;Kim, Min-Jung
    • Journal of Families and Better Life
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    • v.28 no.5
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    • pp.235-249
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    • 2010
  • The study examined the moderating role of fearfulness on the relation between parental discipline styles and preschoolers' conscience. It also investigated the relationship between parental discipline styles and conscience and the relationship between a child's fearfulness and conscience. A sample of 250 parents of children aged between three and six (126 boys and 124 girls) completed the questionnaires on parental discipline style, preschoolers' conscience, and their fearfulness. The collected data were analyzed using Pearson's correlation coefficients and hierarchical regression analysis. Results showed that young children displayed greater actions of reparation and apology when mothers did not neglect and practiced reasoning. The more coercive punishment mothers practiced, the less internalized conduct children showed. In addition, the neglecting discipline style of fathers and the reasoning style of mothers had a significant negative and positive influence, respectively, on children's guilt. The results also showed that fearfulness of children had significant positive effects on their actions of reparation and apology and guilt. Finally, fearfulness moderated influences of mothers' coercive punishment on actions of reparation and apology and fathers' reasoning on internalized conducts. Only fearful children showed not only more actions of reparation and apology when fathers had coercive discipline style but also more internalized behavior when mothers had reasoning discipline style. These results emphasize mutual influences between parental roles and children's personal traits on conscience development in early childhood.

Review of 2010 Major Medical Decisions (2010년 주요 의료 판결 분석)

  • Lee, Jung-Sun;Seo, Young-Hyun;Yoo, Hyun-Jung
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.177-225
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    • 2011
  • Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

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A Study on the Improvement of Compensation Regime for Oil Pollution Accident in Korea (유류오염사고 피해보상제도 개선방향에 관한 연구)

  • Na, Eun-Young
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.12 no.2
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    • pp.104-110
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    • 2009
  • This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

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A Study on the Tort of Public Servant and Liability in State Compensation (공무원의 불법행위와 국가배상책임의 고찰)

  • Yeon, Hwa-Jun
    • Journal of Digital Convergence
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    • v.14 no.6
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    • pp.51-60
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    • 2016
  • The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

Ergo Design on the Headlight System of Automobile (자동차 전조등 시스템에 관한 Ergo Design)

  • Sin, Hak-Su
    • Journal of the Ergonomics Society of Korea
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    • v.7 no.1
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    • pp.39-44
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    • 1988
  • Because the moving visual acuity is less than the static visual acuity, a new headlight system was designed and manufactured to make reparation for that. Then the new headlight system was built in a passenger car and some experiment was achieved. When the car is accelerated the luminous flux of headlight is augmented. When the speed of the car was increasing, the new system was effective, but when the car was decelerated the system was less effective.

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A Study on No-Fault Arbitration in U.S.'s Automobile Insurance - Focus on the Case of New York State - (미국 자동차보험에 있어서 무과실보험의 중재에 관한 고찰 - 미국 뉴욕주를 중심으로 -)

  • Kim, Ji-Ho
    • Journal of Arbitration Studies
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    • v.22 no.1
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    • pp.89-110
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    • 2012
  • No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

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Preparation of ZnO:Al transparent conductive films for solar cell (태양전지용 ZnO:Al 투명 전도막 제작)

  • Tark, Sung-Ju;Kang, Min-Gu;Kim, Dong-Hwan
    • 한국신재생에너지학회:학술대회논문집
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    • 2005.11a
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    • pp.568-571
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    • 2005
  • Highly transparent ZnO films with low resistivity for thin film solar cell applications were fabricated at low temperature by rf magnetron sputtering. Al-doped ZnO films were deposited on glass substrates at a substrate temperature of $200^{\circ}C$. electrical and optical properties of the ZnO:Al films were investigated in terms of the reparation conditions. The transmittance of the ZnO:Al films in the visible range is 90 %. The lowest resistivity of the ZnO:Al films is about $5.7\times10^{-4}$ $\Omega$ cm at the Al content of 2.5 wt% with the film thickness of 500 nm. After deposition, the smooth surface of ZnO:Al films were etched in diluted HCl (0.5%) to investigate the variation of electrical and surface morphology properties due to an textured surface.

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