• 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.

• The Journal of Korean Medicine Ophthalmology and Otolaryngology and Dermatology
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• v.25 no.3
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• pp.78-87
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• 2012

Objective : The purpose of this study is to describe the characteristics of medical malpractice related to pediatric ophthalmology and to identify the causes and potential preventability of medical litigation in Korean medicine. Methods : A study was performed by analysing 8 cases of lawsuit in the year between 1968 and 2011, which were selected among the medical dispute cases involving pediatric ophthalmology. Results : The eight closed claims occurring in the field of pediatric ophthalmology were founded in the data for medical malpractice. One claim was supreme court decision, two claims were high court decisions and five claims were district court decisions. Conclusions : While malpractice claims occurring in the field of pediatric ophthalmology were uncommon, they resulted in a high rate and amount of indemnity payments. For reduction of medical disputes, improvement of clinical trials and clinical medical cares is emphasized, and informed consent is also important.

• Journal of the Korea Society of Computer and Information
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• v.26 no.10
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• pp.147-155
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• 2021

If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.

• Journal of Navigation and Port Research
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• v.32 no.1
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• pp.97-102
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• 2008

According to the trend of a large-sized vessel and a industrial carrier, the role of the independent contractors such as transport terminal operators, stevedores and warehousemen is increasing the base of cargo distribution that include the function of storage, warehousing, loading, unloading, trimming, dunnaging and lashing. But the common law doctrine of privity of contract has been a perennial source of difficulty for litigants seeking to enforce rights and obligations arising under a bill of lading contract. When carriage contract is negotiated, the concerned parties will be aware that some portion of obligations arising from the contract will be performed by the independent contractors engaged to carry out a particular function. It is reasonable for the independent contractors to be allowed the benefit of the carrier under the contract of carriage. As a part of the alleviating measures for the liability of independent contractors has been allowed various schemes, specially including 'Himalaya Clause'. Therefore, this study performed the validity of 'Himalaya Clause' by means of a recent judicial precedent by the Supreme Court and analyzed the rights of third parties, specially transport terminal operators, under the contract of carriage.

• The Journal of the Korea Contents Association
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• v.13 no.5
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• pp.223-233
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• 2013

As the injunctive effect on the real estate gets announced in public once the seizure register gets exercised in terms of auction and the action of disposal by the real estate owner afterwards becomes nullified in the relationship with a seizure creditor or a successful bidder, the register performed by the cause of disposal action that cannot confront with the seizure or provisional seizure, becomes cancelled in virtue of a registration officer's office. Accordingly, in case of being a singular successor who relatively loses property in a relationship toward the successful bidder due to the injunctive effect of provisional seizure, the identity with building owner and land owner as the precondition of establishing legal superficies according to the custom must be decided based on the time of provisional seizure. The Supreme Court Decision 2010Da52140 delivered on October 18, 2012 has great significance from the fact that it has settled inconsistency in existing precedent cases with such purpose.

• Journal of Wellbeing Management and Applied Psychology
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• v.5 no.4
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• pp.57-67
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• 2022

Purpose: The purpose of this study is to identify what research ethics issues are related to chemical incidents at the level of national disasters in Korea, and then to secure clear research ethics to prevent similar incidents from recurring. Research design, data and methodology: The study design was a case study of the humidifier disinfectant disaster in Korea. The humidifier disinfectant incident is a worldwide issue that has never occurred in the world. The main cause of the humidifier disinfectant incident that occurred only in Korea was the toxicity of the humidifier disinfectant contained in the humidifier spray. In this regard, research ethics will be derived through related laws and systems, research ethics status, incident damage and compensation, prosecution's investigation status, and the final precedent of the Supreme Court. Results: Although the lack of laws and systems of government departments related to humidifiers is important in the research results, the violation of ethics regulations by researchers during research experiments has become a decisive problem. Conclusions: In conclusion, the most important thing is that the research bioethics of researchers at the forefront should take precedence over any other values, especially during experiments and research related to public health.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.266-267
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• 2017

As apartment buildings defect lawsuits become socioeconomic problems, an objective basis system for the term of warranty liability of reinforced concrete constructions is urgent. This study was carried out as a basic study for developing a basis system for the term of warranty liability. To do this, defect data actual collected in apartment complexes were collected and analyzed. As the result of checking the cumulative rate of defect occurrence in reinforced concrete construction by year, the point of time of reaching the 90% level was the 5th years, which was similar with the provision of the Apartment Building Management Act. However, the current Supreme Court precedent has decided that the term of warranty liability for the main structural parts in reinforced concrete construction shall be 10 years and the dispute is expected to continue in the future in the defect lawsuit.

• The Journal of Information Systems
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• v.30 no.2
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• pp.57-78
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• 2021

Purpose In this study, first, we try to make embedding results that reflect the characteristics of both professional and general documents. In addition, when disparate documents are put together as learning materials for natural language processing, we try to propose a method that can measure the degree of reflection of the characteristics of individual domains in a quantitative way. Approach For this study, the Korean Supreme Court Precedent documents and Korean Wikipedia are selected as specialized documents and general documents respectively. After extracting the most similar word pairs and similarities of unique words observed only in the specialized documents, we observed how those values were changed in the process of embedding with general documents. Findings According to the measurement methods proposed in this study, it was confirmed that the degree of specificity of specialized documents was relaxed in the process of combining with general documents, and that the degree of dissolution could have a positive correlation with the size of general documents.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.185-208
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• 2012

Before and after the Capital Market Integration Act in 2007 is implemented in South Korea, many of small-and mid sized exporting companies in South Korea has been bankrupted or filed for lawsuit claiming mis-selling(KIKO) by the banks. The basic economic structure of KIKO in Korea are part of a business model based on the use or misuse of exotic derivatives whose results are anything but imaginary. 571 mid sized exporting companies have been damaged about $28 billion. KIKO is a currency option product that sells foreign currencies at higher foreign exchange rate when the rate moves within a certain range, but sells foreign currencies at two or three times lower rate than the market price when the rate exceeds the designated upper limit. KIKO, Therefore, is hard to know whether the non financial firms intended to hedge against further strengthening of their currency or merely to speculate. It is also hard to know how thoroughly they understood the risk-return profile of these transactions. It is similarly hard to ascertain whether the derivatives dealers offering these transactions were meeting the demands of their clients or taking advantage of them. These exotic derivatives were inappropriate for either hedging or speculating, and no knowledgeable investor would be likely to enter into these contracts intentionally.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.63-88
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• 2014

The culpa in contrahendo is a doctrine that "damages should be recoverable against the party whose blameworthy conduct during negotiations for a contract brought about its invalidity or prevented its perfection". In China, Chinese Civil law gradually adopted Culpa in Contrahendo under the former 'economic contract law' and the 'general rules of the civil law', then the legal system of culpa in contrahendo was formally established under Contract Law of the People's Republic of China(CLPRC) in 1999. To put it concretely, Art. 42, 43, 58 of the Chinese Civil Law expressly establishes a culpa in contrahendo liability derived from a principle of good faith governing pre-contractual negotiations. however, in general, culpa in contrahendo has been recognized a independent legal liability as distinct from contractual default liability and torts liability. This article provides a general description of the characteristics of culpa in contrahendo under Chinese Contract Law, and both theoretical issues that have arisen in Chinese academics and relevant important precedent in Chinese Courts. This article also analyzed trend of judgment on precedents that the Supreme Peoples's Court of the PRC applied culpa in contrahendo.