• Journal of Korean Society of Forest Science
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• v.48 no.1
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• pp.1-24
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• 1980

One of the most important basic problems for developing the new techniques in the field of road landscape planting practices in Korea, is to clarify, analyse, and evaluate the existing technical level through actual field survey on the various kinds of planting techniques. This study is, therefore, aimed at the good grasp of detail essences of the existing level of road landscape planting techniques through field investigations of the executed sites. In this study, emphasized efforts are made to the detail analysis and systematic rearrangements of such main subjects as; 1) principles and functions of the road landscape planting techniques; 2) essential elements in planning of it; 3) advanced practices in execution of planting of it; 4) and improved methods in maintenance of plants and lands as an entire system of road landscape planting techniques. The road landscape planting techniques could be explained as the planting and landscaping practices to improve the road function through introduction of plants (green-environment) on and around the roads. The importances of these techniques have been recognized by the landscape architects and road engineers, and they also emphasize not on]y the establishment of road landscape features but also conservation of human's life environment by planting of suitable trees, shrubs, and other vegetations around the roads. It is essentially required to improve the present p]anting practices for establishment of the beautiful road landscape features, specially in planning, design, execution, establishment, and maintenance of plantings of the environmental conservation belts, roadside trees, footpathes, median strips, traffic islands, interchanges, rest areas, and including the adjoining route roads.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.87-130
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• 2015

In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.