• Journal of Families and Better Life
• /
• v.14 no.2
• /
• pp.265-276
• /
• 1996

Due to the increase in life expectancy the family life of recent days has been through significant changes including prolonged relationships among different generations within families and changing roles and relationships. From the perspective of the care for elderly parents middle-aged children's filial responsibility habe been examined. Based on balanced reciprocity between middle-aged children and their aging parents each party is able to allow each other to respond needs and to respect rights. It is assumed that middle-aged children's moral development may be useful to discriminate levels of filial responsibility from filial obligation to filial maturity. This assumption challenges previous beliefs that filial obligation and filial maturity are the same,.

• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.1
• /
• pp.111-129
• /
• 2008

Denying the legitimacy of occupying any parts of the outer space satisfied the political interests of space fairing States. 'Res communis' idea was converted into the rationale which met such political needs in the best way available. This rationale, as its roman law concept implies, is based upon ownership to things. Ownership paradigm, as discussed in this paper, may be not sufficient for applying the OST. A new paradigm may be more valuable. Diversified type of the right to use would be best available one. Space commercialization should be understood in social and economical dimension, which is too diverse and important for space lawyers, especially adhering to ownership paradigm, to deal with. It is mature to admit that res communis rationale operated for 40 years is not sufficiently refined to foster the advent and benefit expected from space commercialization. Diversified type of right to use is to be taken into account seriously, as workable paradigm provided by other social science.

• Journal of Korean Academy of Fundamentals of Nursing
• /
• v.7 no.2
• /
• pp.271-286
• /
• 2000

This study is designed to investigate what elders think about the meaning of aging. We have used Q-methods to identify meaning of aging from elders, and developed self-referenced surveys to analyze characteristics In this study, we used a non-structured method to select Q sampling. From 183 Q populations, we selected 36 Q sampling. A total of 32 persons sixty-years or older were randomly selected for P samples, When the Q-sorting was complete, we interviewed the participants at both end of the extremes(agree or disagree), and documented their responses. We used PC QUANL to process the data and used principal component analysis for Q factor analysis. There were five subjective types for the meaning of aging by elders. Of the 32 P-samples of elders, 11 were identified as Type 1, 7 as Type 2, 2 as Type 3, 8 as Type 4, and 4 as Type 5. Type 1 : 'Matured elders' Elders wished the well being of their children, thought older persons should maintain good health, worried about becoming senile, and dependent God believing in life after death. Type 2 : 'Assertive-Rights' Elders categorized as Assertive-Rights insisted on their rights to life as a person. Type 2 elders characterized themselves as people who should keep themselves healthy, become weak and lack sexual desires, act selfish like a child, need to be protected, and be financially independent. Type 3 : 'Passive-Dependents' Elders characterize themselves as those who pray for their children's well being, worry about the children even after their death. and becoming senile. Type 4 : 'Hopeless' The 'Hopeless' type of elders characterized aging as a time to pray for their children, insignificant beings, thoughts were selfish and child-like, poor, worried about going senile, regret their life overall, and preferred to die than to live as an old person. Type 5 : 'Attached-Present' The 'Attached-Present' type of elders thought elderly characterized themselves as acting selfish and child-like, wiser, anxious, regret their life, stand aloof of greed and worldly things, being a model for the society, and deserving to be treated with filial respect. Thus far, Korean elders seemed to have a positive and negative meaning of aging due to the current changes in the society, value system, and family structures. The above five subjective meanings of aging confirm that we need to approach and nurse the elderly differently. Years of aging are a part of and a natural process of life with various physical, psychological, and sociological changes. Nurses need to assist elderly to find the positive meaning of their life by providing appropriate physical, psychological, and social support at an earlier stage in nursing. Based on this study, we could derive the following two implication from the perspectives of science of nursing to care for elders. 1) Based on the studies investigating the type of meaning of aging, we could develop tools to assist in nursing intervention programs for elderly. 2) Based on research on the meaning of aging for different developmental stages of life, we could develop a model for roles for different family members in nursing and caring for the elders.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.49
• /
• pp.283-324
• /
• 2011

The purpose of this paper is to research the air waybill and the carrier's liability in respect of the carriage of cargo by air under the Montreal Convention of 1999. The Warsaw Convention for the unification of certain rules for international carriage by air was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975 and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. Under the Montreal Convention, in respect of the carriage of cargo, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three orignal parts. Under the Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. The air waybill is not a document of title or negotiable instrument. Under the Montreal Convention, the air waybill is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of the part of the air waybill. Under the Montreal Convention, the carrier is liable by application of principle of strict liability for the damage sustained during the carriage of cargo by air. The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. Under the Montreal Convention, the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be and void. Under the Montreal Convention, if the carrier proves that the damage was caused by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from ist liability to the claimant to the extent that such negligence or wrongful act or omission caused the damage. Under the Montreal Convention, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention. Under the Montreal Convention, in the case of damage the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and at the latest, within fourteen days from the date of receipt of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the cargo has been placed at his disposal. if no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part. Under the Montreal Convention, the right to damage shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. In conclusion, the Montreal Convention has main outstanding issues with respect to the carrier's liability in respect of the carriage of cargo by air as follows : The amounts of limits of the carrier's liability, the duration of the carrier's liability, and the aviation liability insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.51
• /
• pp.317-358
• /
• 2011

The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

• The Journal of Korean Philosophical History
• /
• no.25
• /
• pp.315-332
• /
• 2009

This research shows that Mozi setting forth a military thoughts will be discussed and lighted up in modern value. Mozi's theory on a military was formed in order to protect weak people from the strong in the basis of his philosophy of not attacking. It is different from the art of war for attack. There are some merits in Mozi's strategy of war that we have to take notice of. First of all, Mozi indicated that married women, the old and children was provided with specific roles in the war times. Especially, married women' parts will be equal to men. The old and children should usually be respected for the government to offer them important roles in the war time. Therefore, this paper will be showed in the respect of Mozi's thoughts that is considered as human being's fundamental rights in terms of ensuring the weak's rights. Furthermore, Mozi's theories on technology from loving the civil was applied to defensive fight and his advanced arms was arranged in the actual fight. However, his arms could be useful to the only defensive fight. This case was reflected as Mojia's theories that science is sincerely useful toward the civil. There will be some small or large wars in the future. Mozi's theories based on a military peaceful thoughts that everyone ought to be loved without discrimination should be highly valued when all wars will take place for the purpose of their own profits.

• Journal of Arbitration Studies
• /
• v.13 no.2
• /
• pp.291-319
• /
• 2004

The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.

• The Journal of Korean Academic Society of Nursing Education
• /
• v.4 no.2
• /
• pp.264-279
• /
• 1998

This study researches the attitudes of nursing students toward induced abortion. It aims to Identify the structure of subjectivity of nursing students toward induced abortion. As the research method, Q-statements were collected preliminary to the study through in-depth group talking, case study and literature review. For the study, 28 Q-statements were selected. There were 40 students as subjects for the research. The 40 students sorted the 28 statements using the principle of Forced Normal Distribution. The results of the study were as follows : Three attitude types toward induced abortion were derived from Q-Factor analysis by using PC Quanal Program. The first type is called qualified deontology type. The second type is called rational utility type. The third type is called self-centered utility type. 1) Qualified deontology type emphasizes the importance of respect for life. Induced abortion is acceptable within just limit circumstances. 2) Rational utility type has more tolerance limits. There are rationale for induced abortion. Thls type hates becoming the target of criticism because they are single mothers, were rape or had a deformed baby. 3) Self-centered utility type believe that the most important in the world is one's self. This type emphasizes the importance of women's autonomy. And then the woman should be able to decide about abortion, because it is her body, it is her choice. The result of the study suggests that nursing education need more ethical teaching of the importance of human life. Be cause the fundmental concept of nursing is in the preservation of human life and in the respect for life, dignity and the rights of man. Nursing ethics is a essential for nurses.

• Journal of The Korean Association For Science Education
• /
• v.16 no.4
• /
• pp.451-460
• /
• 1996

The ethical issue is one of the most important themes in both science and environmental education. Especially related to the right of other species, animal dissection has been brought about two contradictory attitudes. In spring 1996, a survey was conducted to assess the status of animal dissection in secondary schools and the awareness of 94 biology teachers and 422 secondary students toward animal dissection. And the meaning of animal dissection in biology class was discussed in terms of environmental education. The findings were as follows: First, most of students(96.6%) had participated once or twice to animal dissection experiments(eg. fish, frog, shellfish, cuttlefish and chicken). And about half of teachers (57.4$\sim$64.9%) and some students(41.9%) felt ethical conflict in animal dissection. Second, many teachers(81.0%) and students(87.1%) thought that animal dissection was effective method to achieve the goal of biology education, but they needed more consideration on the respect for life in animal dissection experiment. Third, many teachers(88.3%) had students, who objected to animal dissection, participate obligatorily or passively. Fourth, teachers and students thought that audio-visual media such as video(teachers 63.5%, students 39.7%), computer simulations(teachers 31.7%, students 28.1%) and models(teachers 22.2%, students 24.1%) could be effective as alternatives. These findings suggest that animal dissection experiment, although it is needed to achieve the goal of biology education, requires careful consideration on the rights of animal and the respect for life, and alternatives for students who object to animal dissection in biology class.

• Journal of Korean Medical classics
• /
• v.27 no.4
• /
• pp.181-198
• /
• 2014

Objectives : This study was to analyze definitions of herbal medicinal preparations, crude drug preparations, and new drugs from natural products in the relevant laws and regulations, understand the related problems, and propose directions for improvement. Methods : I analyzed the legal definitions in respect of herbal medicinal preparations, crude drug preparations, and new drugs from natural products in relevant laws and regulations since 1945, explained the problems, and suggested the solution-considering the academic stance of Traditional Korean Medicine and the dualistic medical and pharmaceutical system. Results : Regarding the current laws and regulations that are relevant to herbal medicinal preparations, we should 1) clarify the boundaries between the duty of physicians and that of pharmacists, 2) limit the principles of Korean Medicine as well as the contents of the related textbooks, 3) find a way to protect the intellectual property rights for herbal medicinal preparations, and 4) establish a separate standard for drug classification regarding herbal medicinal preparations. In case of crude drug preparations, we should 1) clarify the meaning and limitations of the phrase, "the point of view of Western medicine," and 2) establish a classification standard for drugs that are used in Korean Medicine and clarify the boundaries between herbal drug preparations and crude drug preparations. Furthermore, laws and regulations apropos of new drugs from natural products do not actually fit the concept of "new drug," and due to subordinate laws, a supplement to a new drug submission is contradictorily misclassified as a new drug from natural products. Conclusions : The problems of legal definitions of herbal medicinal preparations, crude drug preparations, and new drugs from natural products have emerged in the process of giving approval to drugs that are made of herbs and natural products under the dualistic medical and pharmaceutical System. Laws and regulations that differentiate the process of approving herbs that are used in Korean Medicine and the others should be established.