• Title/Summary/Keyword: Responsibility and Duty

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CNN-based Recommendation Model for Classifying HS Code (HS 코드 분류를 위한 CNN 기반의 추천 모델 개발)

  • Lee, Dongju;Kim, Gunwoo;Choi, Keunho
    • Management & Information Systems Review
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    • v.39 no.3
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    • pp.1-16
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    • 2020
  • The current tariff return system requires tax officials to calculate tax amount by themselves and pay the tax amount on their own responsibility. In other words, in principle, the duty and responsibility of reporting payment system are imposed only on the taxee who is required to calculate and pay the tax accurately. In case the tax payment system fails to fulfill the duty and responsibility, the additional tax is imposed on the taxee by collecting the tax shortfall and imposing the tax deduction on For this reason, item classifications, together with tariff assessments, are the most difficult and could pose a significant risk to entities if they are misclassified. For this reason, import reports are consigned to customs officials, who are customs experts, while paying a substantial fee. The purpose of this study is to classify HS items to be reported upon import declaration and to indicate HS codes to be recorded on import declaration. HS items were classified using the attached image in the case of item classification based on the case of the classification of items by the Korea Customs Service for classification of HS items. For image classification, CNN was used as a deep learning algorithm commonly used for image recognition and Vgg16, Vgg19, ResNet50 and Inception-V3 models were used among CNN models. To improve classification accuracy, two datasets were created. Dataset1 selected five types with the most HS code images, and Dataset2 was tested by dividing them into five types with 87 Chapter, the most among HS code 2 units. The classification accuracy was highest when HS item classification was performed by learning with dual database2, the corresponding model was Inception-V3, and the ResNet50 had the lowest classification accuracy. The study identified the possibility of HS item classification based on the first item image registered in the item classification determination case, and the second point of this study is that HS item classification, which has not been attempted before, was attempted through the CNN model.

"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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Transition from Church School-Centered Education to Family-Centered Christian Faith Education (교회학교 중심의 교육에서 가정중심의 기독교 신앙교육으로의 전환)

  • Lee, Jeung Gwan
    • Journal of Christian Education in Korea
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    • v.69
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    • pp.9-44
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    • 2022
  • The purpose of this study is to restore religious education at home. Currently, Korean church education is facing a crisis. First, there is a decrease in the number of children in the church due to the problem of the low fertility rate. Second, the number of young people leaving the church is increasing. As a result, Maneun Church and church schools are being reduced or closed. In order to solve this problem, it is necessary to change from church school-centered education to family-centered faith education. This is because the restoration of faith education is also connected with the restoration of the Korean church in crisis. As an alternative to overcome the current crisis of church education, it is necessary to return to the original form of religious education. In other words, we must return to the way God commanded religious education through parents at home. The most important thing is to overcome and recover from the absence of religious education at home. A Christian home becomes a place of education that fulfills the primary responsibility of religious education for children. God has given his parents the primary authority and responsibility for the religious education of their children. However, amid changes in society and home, the educational function of the home was entrusted to other educational institutions or specialized teachers. Parents of Christian families tend to delegate their children's religious education to church schools by neglecting their educational authority and responsibility. Therefore, the purpose of this study is to reinforce that parents should have a Christian view of faith education and become the main agents of their children's faith education. Parents have the authority, responsibility, and duty as teachers for religious education given by God. The educational authority and responsibility of parents originate from God. God has commanded his parents to bring up their children in faith. Therefore, for parents to become the main agents of their children's religious education, restoration is needed in Christian home education. Therefore, the task of restoring the Christian family as a place of effective Christian education and fulfilling the educational mission of faith that God has given to parents is, first, that parents and the church must recognize the importance of Christian home education anew. Second, parents must have the correct awareness and mission in the Christian view of children. The mission of parents in a Christian home is to teach, train, and admonish their children in the Lord so that they can live with Christian values. Third, the church should actively support home education and form a deep bond between church education and home education.

A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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Social Readjustment Experience of Military Widows as Single Mothers (순직군인 배우자의 여성한부모로서 사회 재적응 경험)

  • Lee, Yoon-Soo
    • Korean Journal of Social Welfare
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    • v.61 no.1
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    • pp.81-107
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    • 2009
  • This study is to understand, in the view of resilience, the experience of military widows, whose husbands died while on active military duty and have lived as single mothers for a long time. This study using a qualitative research method based on Phenomenology, especially using Colaizzi's process of data analysis. 99 meaningful sentences, 26 themes, and 10 theme clusters has been categorized from the interview of 9 military widows, who has been participated a self-help group for them. The 10 theme clusters are 'denial and grief over the death of spouse', 'ambivalence over the duty of their husbands', 'acceptance of the helpless fate and arduous fight to live', 'sorrow in the social and historical context', 'responsibility and endeavoring of parenting', 'self-existential challenge', 'immanent belief system as a military widow'. 'effort to find self-identity in the outer systems', 'wish to reassure their existence', and 'to find the meaning of life after husband's dead'. These their self respect and feeling of honor have become their belief system in their life, which they have raised their children and take their responsibilities with their best effort. The self-help group has helped them to find their self-identity and has sustained emotionally healthy. This group has been also empowering them through their voices being heard to the outside society. They have made an effort which their existence is recognized by the country and the military system. The findings of this study can be used as a system to gather opinions and to provide information and program which may be accepted politically and then applicable and integrated social work service through the social support system and networking.

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Limit of interpreting 'security service' in current 「Security Services Industry Act」 and direction of legislating and revising private security industry (현행 「경비업법」상 경비개념과 경비업무 해석의 한계 및 민간보안산업 관련 입법의 제·개정 방향)

  • Choi, Eun-Ha;Kim, Na-Ri;Yoo, Young-Jae
    • Korean Security Journal
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    • no.50
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    • pp.35-57
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    • 2017
  • Security Act has been partially revised many times since it was revised to "Security Service Act". Main contents of such revision consist of the addition of security work such as protection or special security, responsibility enforcement of security company or security guard and systematic management of security service based on security work of previous security service act. But, it needs to be checked out that the fundamental matter about the concept of 'security' is directly related as double-edged sword in such flow of legal revision. That is because security service satisfies the multiple needs for security in the modern risky society and is based on the concept of active management whose goal is to forster and develop the function of actual security service comparing that current "Security Service Act" regulates the formal security service whose goal is permission of security service and systematic management based on article 2 as previous facilities and manned security that is guard duty-centered security service in another respect. So, this study pointed out the limit of interpreting security and security service in "Security Services Industry Act" in respect of providing private security service and drew the conclusion that the legislation and efforts are required for 'security for citizen' by reinterpreting the legislation and revision of private security service-related law as the normal regulation of "Security Services Industry Act" and the special law of "Private Security Services Industry Act".

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Invasive Brain Stimulation and Legal Regulation: with a special focus on Deep Brain Stimulation (침습적 뇌자극기술과 법적 규제 - 뇌심부자극술(Deep Brain Stimulation)을 중심으로 -)

  • Choi, Min-Young
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.119-139
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    • 2022
  • Brain stimulation technology that administers electrical and magnetic stimulation to a brain has shown a significant level of possibility for treating a wide range of various neurological and psychiatric disorders. Depending on its nature, the technology is defined either as invasive or non-invasive, and deep brain stimulation (DBS) is one of the most well-known invasive brain stimulation technologies. Currently categorized as grade 4 medical device in accordance with Guideline On Medical Devices And Their Grades, a Notification of Ministry of Food and Drug Safety (MFDS), the DBS has been used as a stable treatment for several diseases. At the same time, the DBS technology has recently achieved substantial advancement, encouraging active discussions for its use from various perspectives. On the contrary, debates over legal regulation related to the use of DBS has relatively been smaller in numbers. In this context, this article aims to 1) introduce the DBS technology and its safety in setting out the tone; 2) touch upon major legal issues that would potentially rise from its use for four different purposes of treatment, clinical study, areas of non-standard treatment where no other methods are available, and enhancement; and finally 3) highlight disputes concerning common emerging issues observed in the aforementioned four purposes from the viewpoint of legal responsibility and liability of using the DBS, which are benefit-risk assessment, physicians' duty of information, patients' capacity to consent, control for device, and insurance coverage.

Analysis on the Responsibility and Exemption Clause of COLREG Rule 2 (국제해상충돌예방규칙 제2조에 따른 책임과 면책에 관한 분석)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.54-63
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    • 2022
  • The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

A Review of the Legal Responsibility of Dog Owners regarding Dog Bite Accidents - Focused on a Comparison with American Dog Bite Legislation - (개물림 사고에 대한 소유자의 법적 책임에 관한 소고 - 미국의 개물림 법제와의 비교를 중심으로 -)

  • Baek, Kyoung-Hee;Shim, Young-Joo
    • Journal of Legislation Research
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    • no.54
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    • pp.261-301
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    • 2018
  • In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

An Ethnography on Stigma of Families Having Old People Admitted to Nursing Home in Korea (요양원 입소노인 가족의 오명에 대한 문화기술지)

  • Lee, Yun Jung;Kim, Jeong Hee;Kim, Kwuy Bun
    • 한국노년학
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    • v.30 no.3
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    • pp.1005-1020
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    • 2010
  • This study was conducted to explore and understand the meaning of stigma of families having old people admitted to nursing home within the Korean culture. Data collection was performed through in-depth interviews and participant observations which were recorded and transcribed verbatim with the consent of the participants. The key informants were 12 people having the aged family member in nursing home. The data was collected from October 2008 to February 2009 until completed. Data were analyzed utilizing the taxonomic analysis method developed by Spradley. As a result, 24 themes, 8 categories and 4 cultural domains are founded from the cases. The cultural domains resulted from the analysis are: 『Incompetence of Oneself: 'Adaptation to Inevitable Realities', 'Difficulty of Economic Independence', 'Difficulty of the Subjective Self-assertion'』, 『Contradictoriness of Decision Making: 'Decision Making Different from Own Mind', 'Conflicts between Neighboring'』, 『Self-rationalization of Decision Making: 'Self-comfort of Decision Making'』, 『Shifting Responsibility: 'Services Different from that of Family', 'Laking in Sincerity of Responsible Institution'』. Theoretical model about stigma of the family having old people admitted to nursing home by the research result in the above was able to be confirmed that it was expressed with the original form of thought of recursive system which continuously showing the inconsistency of decision making, rationalizing decision making, and shifting one's own responsibility in the process of accomplishing the duty of supporting old people. Based on the results, I discussed the meaning of stigma of families having old people admitted to nursing home and provided recommendations for future research.