• Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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• 2002.09a
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• pp.103-106
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• 2002

Solubilization isotherms for methyl tort-butyl ether (MTBE) in sodium dodecyl sulfate(SDS), dowfax 8390, sodium dodecylbenzenesulfonate and cetylpyridinium chloride (CPC) were investigated for application to micellar enhanced remediation. Dowfax 8390 showed maximum extent of solubilization among surfactants tested in this study. It seems that sulfate group in anionic surfactants playes a important role in solublization of MTBE. Chemical shiftes in NMR of surfactant and MTBE supports this point.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.92-93
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• 2005

A contract for the shipbuilding is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, Germany and some countries law. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Korea, Japan and some countries law. Especially, most of countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other for pure economic loss to remote owners of chattels. Where there is either a breach of contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis is dealt with the contents of contract under English Law. Secondly, this thesis is analysed into the liability of shipbuilder in Products Liability under English, American and Korean Law comparisons. In conclusion, the author tries to give some suggestions as countermeasures of Products Liability to the shipbuilder in Korea.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.85-113
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• 2009

In this paper, the Judgment 2007DA76290 of the Korean Supreme Court was analysed in two points of the legal theory and litigation. The judgment arouses some issues of medical malpractice liability. They includes the concept of the complications and permanent lesion and the difference between them, some problems in a judge's applying the requirements for the physician's tort liability to the medical malpractice situations, the theory of obligation de moyens related with the burden of proof of the negligent conduct for a physician's liability for misperformance of contract, the influence of a patient's physical conditions on the physician's liability, the breach of duty to disclose in selecting the safer one of the treatment methods bringing about the complications or leaving the permanent lesion and so on. In the situations of the case referred to above, the plaintiff should have tried to establish that a reasonable physician in the specific situation of the case would have substituted the safer method of treatment for the method in the case. If the plaintiff had succeeded in establishing it, he or she could have recovered even the physical harm resulting from the permanent lesion brought about by the complications of the specific treatment in the case. The plaintiff failed to do so and recovered only the emotional distress which the patient suffered owing to the physician's breach of the duty to disclose. Therefore the legal malpractice of the counsel might be found in this case.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.217-260
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• 2013

In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.89-110
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• 2012

No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.133-170
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• 2022

Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

• Health Policy and Management
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• v.2 no.1
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• pp.80-114
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• 1992

Current compensation schemes for medical malpractice based on negligence is absolutely malfunctioning in Korea. Focussing on the reform of present tort systems for resolving medical malpractice disputes, this paper discusses the alternative models of the Social Relief Schemes for Medical Malpractice (SRSMM). Alternative models of SRSMM should fundamentally be based on either negligence or nofalult compensation principle. On the foundation of the previous relief principle, the SRSMM should be equupped with three major components-the preventio/reduction of the sharp increasing medical malpractice, the effective and efficient resolving process for malpractice disputes and the proper social financing scheme for compensation. The paper deals with pros and cons of the possible alternative models for reform centering on the three major components of the scheme. As conclusions, administrative arbitration machinaries and a compulsory fund for compensating the injured under the negligence principle are proposed to resolve the current problems Korea has faced.

• Proceedings of the Korean Society of Agricultural Engineers Conference
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• 1998.10a
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• pp.467-472
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• 1998

The interface friction angle between soil and fibers is important to evaluate improvement of the shear strength on fiber mixed soils. Direct shear test and pullout tort conducted by an apparatus made specially for the purpose of this study, was analyzed to know how fiber and soils affect on interface friction angle. By the results, The value of interface friction angle of sandy soils is larger than that of clayey soils. As a diameter of fiber is large, the value of friction coefficient of sandy soil is increase and that of clayey soil is decrease. An interface friction angle of well graded soil is larger value than that of uniform graded soil

• Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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• 2000.05a
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• pp.92-95
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• 2000

A mixed bacterial culture capable of mineralizing methyl tort-butyl ether (MTBE), other fuel oxygenates ethers, tertiary carbon alcohols, benzene and toluene was used to inoculate batch reactor and sequence batch reactor (SBR) to treat gasoline contaminated ground water containing about 60 mg/L MTBE, 5 mg/L benzene, 5 mg/L toluene, and low concentrations of several other aromatic and aliphatic hydrocarbons. Respirometery studies showed that MTBE degrading mixed culture could treat MTBE contaminated ground water with addition of nitrogen and phosphate. SBR was operated to demonstrate the feasibility of using suspended growth activated system for the treatment of ground water and to confirm that the respirometry derived kinetics and stoichiometric coefficients were useful for predicting reactor performance. Theoretical performance of the reactor was predicted using mathematical models calibrated with biokinetic parameters derived from respirometry studies.

• Journal of the Korean Graphic Arts Communication Society
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• v.20 no.1
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• pp.91-101
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• 2002

An acid amplifier is defined as an acid-generating agent which is decomposed autocatalytically to produce new strongly acidic molecules in a non-liner manner, The addition of the acid amplifiers to conventional chemically amplified photoresists consisting of photoacid generators and acid-sensitive polymers result in the improvement of photosensitivity due to the amplified generation of catalytic acid molecules as a result of the decomposition of acid amplifiers. We synthesized and evaluated 1-hydroxy-4-tosyloxy cyclohexane(AA-1) and 1,4-ditosyloxy cyclohexane(Ah-2) as novel acid amplifiers. The acid amplifiers(AA-1, AA-2) showed reasonable thermal stability for resist processing temperature. As estimated by the sensitivity curve, tort-butyl methacrylate homopolymer(ptBMA) film doped with AA-1 or 2 exhibited much higher photosensitivity than ptBMA film without AA-1 or 2. And AA-1 showed higher effect than AA-2 on enhancing photosensitivity of ptBMA film.