• Journal of Cadastre & Land InformatiX
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• v.47 no.2
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• pp.61-78
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• 2017

When a boundary dispute occurs between landowners of adjoining lands, a court deals with a boundary violation on the basis of cadastral register. Boundary relocation surveying is one which reconstructs a boundary in cadastral register on actual land. Boundary relocation surveying includes most of surveyings related with the civil case such as restoration of land and demolition of building and a surveying result affects a ruling critically. However, boundary relocation surveying depends on surveying technician's knowledge and experiences and can lead to different surveying results. This study reviews legal principles of boundary relocation surveying by analyzing law practice of boundary relocation surveying which is used for solving a boundary dispute between landowners of adjoining lands and by examining related laws and Supreme Court precedents. The study seeks to contribute to consistent and reliable results of surveying by leading surveying technician to carry out a boundary relocation surveying on the basis of judicial doctrines.

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.195-204
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• 2007

It is a general principle that the plaintiff takes burden of proof about negligence and causation in a civil compensation litigation. And it is the same in a medical malpractice lawsuit. Korean courts have made diverse efforts to mitigate the plaintiff's duty to prove in medical malpractice lawsuits under the name of justice and impartiality. One of those theoretical attempt is 'presumption of causation'. The Supreme Court, since 1995, has developed a new logic for the theory of 'presumption of causation' which is characterized by a phrase "layman's common sense". The Court presumes the defendant's negligence and causation when the plaintiff alleges and proves the facts which can be pointed out and expressed by a layman with common sense. And if the defendant fails to prove that the result was caused by other fact than own medical activities, the defendant shall be defeated. I realize that this theory has problem for justice and impartiality. I would say that two fators should be considered and added to this logic. First,are defendant's acts generally belonging to gross negligence which would cause that kind of bad result? Second, is it recognized that there would be the causation generally and statistically between the cause and the result?

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.397-445
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• 2010

This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

• The Korean Society of Law and Medicine
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• v.25 no.1
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• pp.3-58
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• 2024

It has become a general idea today that the characteristics of medicine should be considered as a basis when discussing a medical personnel's duty of care and whether or not it has been violated, and when discussing its duty of explanation and whether or not it has been fulfilled in medical practice. However, in the discussion of its characteristics, some shortcomings still exist, so the need for a re-discussion has been raised. Firstly, existing discussions on characteristics have failed to comprehensively grasp and explain the characteristics of medical practice. Secondly, in some researchers' arguments, there are discrepancies between the terms used to express characteristics and their conceptual definitions or content. Thirdly, the lack of exemplified cases that reflect the characteristics of medicine - especially Supreme Court precedents - has led some to think negatively about the recognition and reflection of certain characteristics. In my early writings, I have described five characteristics of medical practice: 'conflict in medical goals', 'initiating appropriate medical actions (progression of illness)', 'dynamics of medical intervention (diversity of symptoms)', 'diversity of medical effects', 'inherent risk of medical treatment (invasiveness)'. In this paper, keeping in mind the reasons for the need for reconsideration, I aim to analyze the characteristics of medicine in detail and cite key parts of representative Korean Supreme Court precedents that reflect each characteristic. The characteristics of medicine extracted from this paper are; There are ten factors, including the legitimacy of the essence of medical practice, timeliness of medical execution, dynamics of medical progress, diversity of medical effects, risk of medical invasion, non-uniformity of medical methods, limitations of medical capabilities, intervention of the medical subject, high degree of medical standards, and maldistribution of medical data.

• The Journal of the Korea Contents Association
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• v.12 no.5
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• pp.188-198
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• 2012

Church is one of organizations recognized not as corporation but as private association and therefore its identity and possession of properties must be confirmed by the general theories of the civil law in relation not to corporation but to private association. Different from corporation, the internal relations of private association is primarily regulated by the articles of association. When there is no article of association, ordinary resolution and provisions for incorporated association in the civil law are applied by inference. As for the debt of private association, all the members own it in a quasi-joint manner (article 275 and 278). For the last 50 years, the judicial precedents of the Supreme Court has permitted the partition of church for the Protestant church and ruled that the relationship of properties at the time of partition is the joint ownership by church members at the time of partition. This ruling is different from that of corporation and ordinary principles of law. However, a new judicial precedent (the Supreme Court, 2006. 4. 20, 2004다37775) prescribes that different from corporation, the partition of private association is not allowed. Thus, in order to settle the dispute of private association, the Supreme Court changes its traditional standpoint of allowing partition into denying it. This ruling seems to reflect the necessity of settling dispute above all.

• Journal of the Korean Society for Library and Information Science
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• v.54 no.1
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• pp.387-409
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• 2020

Precedents are data containing various types of information. In this study, I proposed a method to be utilized as legal information system for the public using automatic text analysis performed on precedents. It is carried out to analyze the defamation precedent using reference provision, judgment issues, major points of judgment, and reference precedents. As a result of the analysis, legal provisions used in defamation, key issues covered by defamation, and key cases are extracted. Although only applied to the Supreme Court case regarding defamation, the proposed methodology could be applied to various legal topics.

• Journal of the Korean Society for Library and Information Science
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• v.52 no.3
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• pp.215-246
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• 2018

As a law library representing the Department of Justice, the Supreme Court Library of Korea collects various domestic and foreign legal information and aims to become more publicly accessible. In 2018, after its relocation to Goyang, Korea, the library has initiated check-out services to citizens and is currently developing a plan to provide services in the legal field. In this study, we have assessed the current situation at the Supreme Court Library as well as public libraries in Goyang. Furthermore, we have surveyed future users and legal experts to formulate a proposal for optimal literary composition and spatial composition, as well as library arrangement. Survey participants expected extensive provision of legal information regarding legal professions and the general public. There was a significant difference in opinion between legal experts and users with respect to resources for the public; general citizens desire more materials related to general topics whereas legal experts expect more law-specific resources such as information regarding judicial precedents and court decisions, research articles. Furthermore, 80% of users expressed interest in utilizing the library; therefore, active efforts to improve its facilities will lead to successful operations of the library.

• The Journal of the Korea Contents Association
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• v.17 no.4
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• pp.209-218
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• 2017

In Korea, child abuse in child care centers occurs continuously, and it is becoming a social problem. The government has intensified the supervision of management in child care centers, and through strong countermeasures and prevention against child abuse, it enacted the special act on child abuse in oder to enable children to become healthy members of society. In this study, this researcher gasped the legal application on child abusers, and analysed how the punishment for abusers changed according to the application of the special act on child abuse, through examining precedents of child abuse in child care centers. 21 cases related to child abuse cases were collected by searching homepage of the supreme court and each district court in this study. As a result of analyzing the precedents, the sentence of the defendant did not increase greatly, and it differed from the criminal identification of the people in cases of child abuse on which the special act on child abuse was applied. Therefore, it can be seen that there is a demand for more rigorous legal application for abusers in order to prevent child abuse in child care centers.

• Journal of Arbitration Studies
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• v.15 no.1
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• pp.147-178
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• 2005

Arbitration agreement is an agreement by the parties to submit to arbitration all or certain dispute which have arisen or which may arise between them. Arbitration agreement is an important factor to judge the existence of the mutual arbitration agreement and it should be the object of examination before anything else to judge the existence of the mutual arbitration agreement. Recently the Supreme Court seemed to make negative position about validity of selective arbitration agreement. However theoretically and scientifically selective arbitration agreement is a valid arbitration agreement. Examine selective arbitration agreement throughly according to the autonomy of the parties rules, wide jurisdiction rules of interpretation, principle of kompetenz-kompetenz, and moses cone presumption rule of interpretation, selective arbitration agreement is a valid arbitration agreement. Also analyze precedents in accordance with validity of selective from all angles which are voluntary agreement of the parties, agreement in writing, principle of private autonomy, comparative study of domestic and foreign precedents and mutual relation of arbitration and trial, selective arbitration agreement based on principle of private by the parties is considered a valid arbitration agreement. Courts should actively accept selective arbitration agreement as a valid arbitration agreement to make foreign companies prefer arbitration in Korea and in oder for arbitration to be widely used in disputes.