• The Journal of the Korea Contents Association
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• v.21 no.8
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• pp.305-314
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• 2021

According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

• Fire Science and Engineering
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• v.15 no.3
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• pp.21-35
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• 2001

By rearing private experts to design hazardous facilities, Safety property is obstained. So it is necessary to limit within the designer of hazardous materials facilities who has some degree skill. After permission progress about the inspection of the design ascertain whether it is safety property Mayor/Do governor permits within the laws and their qualification. Accordingly, Korea Fire Equipment Inspection Corporation be come specialization about the design, inspection of construction completion. A inquire purpose of Fire Service Act be considered fitness. Subject by which the Korea Fire Equipment Inspection Corporation is entrusted, subject by which the a non-probit corporation in The Civil Law be possible to entrusted in separate. In this case, because of the level of one's technique and facilities are important, to limit as a nonprobit corporation in The Civil Law give rise to trouble. Consequently; established a business corporation, which the level of one's technique and facilities, in accordance with The Commercial Law can assign inspection of construction completion. The contents of the Fire Services Act is caused by the historic growth of hazardous facilities's safety management. Because we decide on a course about completed inspection of hazardous substance, it is needed that adjust the task performed by a corporation of the exert skill and the duty performed by the task that a authorized corporation on the civil law or the commercial law To adjust the duty, the Fire Service Act, that is suitable to the purpose and principle, should constitute a measure of the duty. With the object of insure the safety of the hazardous substance, when the fire survice act establish a corporation of the expert skill. There is the will of lawmakers that need organization to have the power of the professional technology. The state excise the will that insure the safety of hazardous materials facilities on the basis of the professional technology and facilities, and construct to establish a corporation of the expert skill. Therefore as concentrate on the technology to need to insure the safety of the facilities of hazardous substance to be suitable on the purpose of laws and take responsibility and reports to a corporation of the expert skill. The task to be given to the state will be done.

• 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.

• The Korean Journal of Archival Studies
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• no.17
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• pp.247-292
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• 2008

Investigations have been started to set the modern history and national spirit to rights after Commissions were established. Those Commissions are established and operated with time limit to finish its own missions. They creates three kinds of records as acquired materials which acquired or are donated for investigation; investigation records as investigation reports; and administrative records that created while supporting organization's operation. The Commissions use more past records to do special tasks asnation's slate clean and uncovering the truth than other agencies. In other words, the commissions take the most advantages of well-managed records, however, their record management environment and operation systems are relatively loose than other permanent machineries. It has three reasons that; first, there is no record management regulations and criteria for machineries that have time limit. This affected each commissions 'systems and 6 Truth Commissions' record management systems are built separately and on the different level; Second, members lack responsibility from frequent sending, reinstatement, change, and restructuring and that makes troubles to produce and manage records; Third, central archives pay less attention to machineries that operated limited period as the truth commissions. The Commissions rather need more systematic control because its records have historical value. To solve these problems, record management regulations have to be prepared first with features of organizations running limited time and commissions' records as acquired materials or investigation records. Furthermore, building up standard record management system for the Commissions, standardizing transfer data, imposing professional record personnel, and setting limits frequent personnel changes would finish practical problems. Besides, those records created to reveal the truth should use for education and research because Truth Commissions are established to set unfortunate history right and not to repeat it again. The records would serve as steppingstone for establishment of the Truth Record Center that does education, information work, publication, and research with the records. The record center would help using the records efficiently and improving knowledge for its people. And, the center should devote people to recognize importance of the records.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• The Korean Journal of Archival Studies
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• no.29
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• pp.175-223
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• 2011

A university is an organization charged with publicity and has accountability to the community for the operating process. Students account for a majority of members in a university. In universities, numerous creatures are pouring out every year and university students are major producers of these records. However, roles and functions of university students producing enormous amount of records as main agents of universities and focused concentration on produced records have not been made yet. It is reality that from the archival point of view, the importance of produced records of which main agents are university students has been relatively underestimated. In this background, this study attempted approach in archival point of view on records produced by university students, main agents. There are various types of records that university students produce such as records produced in the process of research and teaching as well as records produced in the process of various autonomy activities like clubs, students' associations. This study especially focused on university student autonomy activity process and placed emphasis on accountability securing measures on autonomy activity process of university students. To secure accountability of activities, records management should be based. Therefore, as a way to ensure accountability of unversity students autonomy activity, we tried to present records management systematization and records utilization measures. For this, a student body, a university student autonomy organization was analyzed and a student body of Myongji University Humanities Campus was selected as a specific target. First, to identify records management status, activities and organization and functions of the student body, we conducted an interview with the president of the student body. Through this, we analyzed the activities of the university student body and examined the necessity of accountability accordingly. Also, we derived the types and characteristics of records to be produced at each stage by analyzing the organization and functions of the student body of Myongji University. Like this, after deriving the types of production records according to the necessity, organization and functions of accountability and activities of the student body, we analyzed records management status of the present student body. First, to identify the general process status of activities of the student body, we analyzed activity process by stage of the student body of Myongji University. And we analyzed records management method of the student body and responsibility principal and conducted real condition analysis. Through this analysis, we presented the measures to ensure accountability of a university student body in three categories such as systematization of records management process, establishment of records management infrastructure, accountability guarantee measures. This study discussed accountability on society by analyzing activities and functions of a student body, targeting a student body, an autonomy organization of university students. And as a measure to secure accountability of a student body, we proposed a model for records management environment settlement. But in terms that a student body is an organization operated in one year basis, there is a limit that records management environment is hard to settle. This study pointed out this limit and was to provide clues when more active researches were carried out in the field of student records management in the future through presentation of student body records management model. Also, it is expected that the analysis results derived from this research will have significance in terms of school history arrangement and conservation.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.95-116
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• 2015

Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

• Strategy21
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• s.31
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• pp.27-56
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• 2013

The United Nations Command (UNC) and the communist North failed to reach an agreement on where the maritime demarcation line should be drawn in the process of signing a truce after the Korean War because of the starkly different positions on the boundary of their territorial waters. As a result, the Armistice Treaty was signed on July 1953 without clarification about the maritime border. In the following month, Commander of the UNC unilaterally declared the Northern Limit Line (NLL) as a complementing measure to the Armistice. Referring to this, North Korea and its followers in South Korea wrongfully argue that the NLL is a "ghost line" that was established not based on the international law. However, one should note that the waters south of the NLL has always been under South Korea's jurisdiction since Korea's independence from Japan on August 15, 1945. There is no need to ask North Korea's approval for declaring the territorial waters that had already been under our sovereign jurisdiction. We do not need North Korea's approval just as we do not need Japan's approval with regard to our sovereign right over Dokdo. The legal status of the NLL may be explained with the following three characteristics. First, the NLL is a de facto maritime borderline that defines the territorial waters under the respective jurisdiction of the two divided countries. Second, the NLL in the West Sea also serves as a de facto military demarcation line at sea that can be likened to the border on the ground. Third, as a contacting line where the sea areas controlled by the two Koreas meet, the NLL is a maritime non-aggression line that was established on the legal basis of the 'acquiescence' element stipulated by the Inter-Korea Basic Agreement (article 11) and the Supplement on the Non-aggression principle (article 10). Particularly from the perspective of the domestic law, the NLL should be understood as a boundary defining areas controlled by temporarily divided states (not two different states) because the problem exists between a legitimate central government (South Korea) and an anti-government group (North Korea). In this sense, the NLL problem should be viewed not in terms of territorial preservation or expansion. Rather, it should be understood as a matter of national identity related to territorial sovereignty and national pride. North Korea's continuous efforts to problematize the NLL may be part of its strategy to nullify the Armistice Treaty. In other words, North Korea tries to take away the basis of the NLL by abrogating the Armistice Treaty and creating a condition in which the United Nations Command can be dissolved. By doing so, North Korea may be able to start the process for the peace treaty with the United States and reestablish a maritime line of its interest. So, North Korea's rationale behind making the NLL a disputed line is to deny the effectiveness of the NLL and ask for the establishment of a new legal boundary. Such an effort should be understood as part of a strategy to make the NLL question a political and military dispute (the similar motivation can be found in Japan's effort to make Dokdo a disputed Island). Therefore, the South Korean government should not accommodate such hidden intentions and strategy of North Korea. The NLL has been the de facto maritime border (that defines our territorial waters) and military demarcation line at sea that we have defended with a lot of sacrifice for the last sixty years. This is the line that our government and the military must defend in the future as we have done so far. Our commitment to the defense of the NLL is not only a matter of national policy protecting territorial sovereignty and jurisdiction; it is also our responsibility for those who were fallen while defending the North-Western Islands and the NLL.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.3-41
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• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• Korea Journal of Hospital Management
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• v.7 no.2
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• pp.52-79
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• 2002

The hospital is characterized by it's remarkable labor industry and human resources input by unit. Recently, the administrative personnel are recognized as an important staff to provide a hospital guidance to consumer and also easiness for consumer's visit to hospital. The purpose of this study is to find the organizational effectiveness of the administrative personnel in hospitals. The survey data involved in the study was derived from 229 personnels working in 3 medium and small sized hospitals and 1 university hospital in Inchon area. The major finding are as follows; 1. The organizational efficiency in accordance with the general characteristics of subjects in order of over 31 years of age, university graduates, long-term tenure and high position is higher, whereas, in as much as wage and well trained personnels in are higher, general hospital's organizational efficiency is higher in comparison with those of university hospital. 2. The organizational efficiency in accordance with satisfaction and the psychological motive contributional factors is higher as much as the high satisfactory level in every hospitals in general. 3. The organizational efficiency in accordance with the factors of job characteristics is higher in as much as difficulty of the jobs is lesser, however there was not statically significance. In as much as job standard level is higher and the more job responsibility the higher organizational efficiency. It was obvious that the higher professional expertise as well as the training and application level are improving the organizational efficiency. 4. The organizational efficiency in accordance with the factors of structural characteristics was higher in as much as the intercommunication was smooth and the structural formalization level are higher, however there was not statically significance between the participation level of decision making and the organizational efficiency. 5. In as much as older age, management of organization and the job level are satisfied, the higher structural formalization level, the smooth intercommunication have affected as major influence factors of organizational efficiency. 6. In the university hospitals is satisfied in the management and job level of hospital organization as there are no difficult jobs while the level of hospital's organizational formality is high and the intercommunication is smooth, which are improving the organizational efficiency. In the general hospitals is also satisfied the management and job level of hospital organization and psychological motive contributional factors is higher, it was apparent that the organizational efficiency is higher in as much as the level of job standardization is high and the intercommunication is smooth. As a result of this study, in order for improving the organizational efficiency of administrative personnel in hospitals, the management and job level as well as personal relation are preferably satisfied, whereas formalization of organization, intercommunication and etc. should be satisfied, and, therefore, it is advisable to buildup discriminated organizational management and environment for different division on the basis above factors. Since this study is carried on four hospitals in Inchon area, there is a certain limit to generalize its result to all domestic hospitals, nevertheless the gallop poll was made by developing the questionnaires with reasonability and reliability. Especially. as the study was carried by analyzing the comparison of influence factors' difference of organizational efficiency in accordance with the divisional characteristics of the university and general hospitals.