• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.2
• /
• pp.3-42
• /
• 2010

This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

• The Korean Journal of Air & Space Law and Policy
• /
• v.31 no.2
• /
• pp.73-98
• /
• 2016

This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

• The Korean Journal of Air & Space Law and Policy
• /
• v.5
• /
• pp.101-118
• /
• 1993

Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

• The Korean Journal of Emergency Medical Services
• /
• v.13 no.1
• /
• pp.19-33
• /
• 2009

Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

• The Korean Society of Law and Medicine
• /
• v.9 no.1
• /
• pp.9-56
• /
• 2008

The medical practice does not always get a satisfatory result since the disease progress of patients are depended on patients' physical constitution and the doctors cannot control the outcomes about patients' physiological and biological reaction after the treatment. Moreover, the medical practice may bring wrong result fatalistically because of the unpredictablility of life. To demand for compensation of the damage to the doctors about these wrong result, the patient side holds the burden of proof that is between medical practice and demage, and there is damage from doctor's malpractice according to the accepted theory about the fundamental principle of distribution of the burden of proof. This falls not only under the liability of Tort Law, but also liability of Contract Law. However, the patient may be in difficult situation to prove the malpractice of doctors since he or she cannot recognize the facts because he or she was in unconscious while the medical practice was conducted, or they cannot judge precisely even though they recognize the facts. Nevertheless, the lawsuits against medical malpractice are the field that never achieves the equality of arms since the most of the evidence belong to the doctor's side. Hence, to maintain the principle of the equality of arms under the constitution, the theory leads to alleviate the burden of proof that patients hold. However, the doctors cannot be asked for the burden of proof that they conduct medical practice without errors. Because the doctors may experience difficulty to prove their innocence as the patients because of the unique characteristic that medical practices have. Therefore, the methods of the alleviation of the patient's burden of proof should have the equality of arms and the equal opportunity between the patients and the doctors with the evaluation of the justifiable interest from both the patients and the doctors. As the methods of the alleviation of the burden of proof, the alleviation of the demands and the degree of the burden of proof or resolutely the conversion of the burden may be considered. However, Recognizing the exception from general principle with converting the burden of proof is not proper in principle because the doctors may experience difficulty of the proof as the patients may have. If the difficulty of proof can be resolved by alleviating of the demands and the degree of the burden of proof, it is more desirable resolution rather than converting the burden of proof.

• Journal of the Korean Society for information Management
• /
• v.5 no.1
• /
• pp.53-78
• /
• 1988

The purpose of this study is to verify the factors determining core journals in a field based upon the results of the citation analysis of the journals in the field of Korean History(KH). In order to verify the determinant factors, dividing the articles of the KH journals into their novelty and author's seniority, the following hypotheses were established. Hypothesis 1: When a KH journal publishes more articles on prehistoric and ancient eras than others, the journal will have higher chance to be included in the core journals. Hypothesis 2: When a KH journal publishes more articles by senior researchers than others, the journal will have higher chance to be included in the core journals. To achieve the purpose, the cited articles found in the two sample journals, namely, Backsan Hakbo and Hanguksa Yongu were analysed during the past 20 years from 1962 to 1981. Applying the Hirst's Discipline Impact Factor method to the the study, Historical Science Impact Factor(HSIF) on the samples itself and the historical era dealt with in the articles and the seniority of the authors during every five-year period. Based upon thr present study to ver~fy the two hypotheses, the following conclusions have been reached. 1) Tht. most influencing sublect mattcr era or1 thix liSIF of the lo~lrual is arranged in prehistoric arid ancient, Koryo, Chosun, recent era, and the others by order of era. 2 ) Clial~g~~lg a fringe or semicore journal u~to a core j ~ u r n a l , very IISIF' 011 it> article e r a 1s grown up arrd prcllistoric a ~ ~ d ancierlt era:. are, s p c c ~ a l l ~ , incr.eased high relatively. Char~ging a core journal int:~ a fr~ngr or semicort. journal, t.very IISIF ti dropped and prel~istc~ric and ancieut taras arc, fallen sharp relatively. 3) The most irlflr~encin~ s~niority 011 the t1SII- of ihc journal I. the senior.., written or1 prehistoric and ancient eras. Above all, the senilir'b HSIF olr prehistoric anti anclent e r a s a r e most ~nfluencing the cliangi~rg of the core journal into the fringe ur bemicore. .i) flypothesis fl is no1 vcrif~ed i r t general. T l ~ e rt, lative connections bet wee^^ the senior's HSIF 011 each era and tht, ~ l ~ a l ~ g i t l g of the tort. ji1ur.tia1 arc \:er~fied in part hut r~ot in the wliole. 5) 'The reason why the 11SIF or1 prehistori~. arid ar~cic~nt e r a s is higl~er than others can be assumed becaltic the new <, xcavations a r r contit~ued actively i l l the prrsr.llt as to the relics arid remains or1 that eras. Accordingly, the HSIF' r i l l thr 11ew 3ubject matter l~ke arcl~acmlogy trends to grow up greatly. Bctween the senior's and juriior's JISIE', junior'.; is higl~er than s., nior's except ancient e r a . That reason can be assumed bccausr Iunlorb t r j to solve the ex~sting problems thr~urglr their ow11 new viewpoints and sights. So, i t should be studied whether the 11SlF on the artic1t.s of the new subject matters and viewpoirrts is influenced to the changing of the core jorlrnal or not.

• Journal of the Institute of Electronics Engineers of Korea SP
• /
• v.43 no.1 s.307
• /
• pp.9-16
• /
• 2006

This Paper proposes an adaptive error diffusioThis paper proposes an adaptive error diffusion algorithm for text enhancement followed by an efficient text segmentation that uses the maximum gradient difference (MGD). The gradients are calculated along with scan lines, and the MGD values are filled within a local window to merge the potential text segments. Isolated segments are then eliminated in the non-text region filtering process. After the left segmentation, a conventional error diffusion method is applied to the background, while the edge enhancement error diffusion is used for the text. Since it is inevitable that visually objectionable artifacts are generated when using two different halftoning algorithms, the gradual dilation is proposed to minimize the boundary artifacts in the segmented text blocks before halftoning. Sharpening based on the gradually dilated text region (GDTR) prevents the printing of successive dots around the text region boundaries. The error diffusion algorithm with edge enhancement is extended to halftone color images to sharpen the tort regions. The proposed adaptive error diffusion algorithm involves color halftoning that controls the amount of edge enhancement using a general error filter. The multiplicative edge enhancement parameters are selected based on the amount of edge sharpening and color difference. Plus, the additional error factor is introduced to reduce the dot elimination artifact generated by the edge enhancement error diffusion. By using the proposed algorithm, the text of a scanned image is sharper than that with a conventional error diffusion without changing background.

• The Korean Society of Law and Medicine
• /
• v.12 no.2
• /
• pp.219-263
• /
• 2011

"Wrongful conception" is a medical malpractice claim in which the plaintiff is the parent of a normal, healthy infant whose conception was unplanned and unwanted. Medical malpractice in wrongful conception can be the result of a failure to provide informed consent to a patient, failure to properly perform a surgery, or a physician's negligent handling of a patient's problems. In the concrete, wrongful conception cases fall into two categories; those involving pre-conception negligence, such as a failed contraceptive, sterilization or failing of the controlling of embryo-number on the IVF, and those involving post-conception negligence, such as a failure to diagnose a pregnancy or to perform an abortion procedure. In addition, Medical malpractice can be the result of a failure to provide informed consent to a patient. When bad results occur by medical malpractice or failure to provide informed consent to a patient, the range of recovery of damages is decided by a traditional civil liability law. However the calculation of damages for wrongful conception is not easy because the high value of life is included in that case. So many courts opinions in foreign country and Seoul High Court decision in 1996 allow damages for the pregnancy, birthing process and sterilization costs, but refuses to allow damages for child rearing expenses. As to the range of recovery of damages for wrongful conception, one approach says that to allow damages in a suit such as this would mean that the physician would have to pay for the fun, joy and affection which plaintiff will have in the rearing and educating of the plaintiff's baby. To allow such damages would be against the dignity of the baby based on article 10 of the Constitution. However another approach says that damages are recoverable for all expenses related to child birth as well as for child rearing costs. Because the damages that the parents should bear a burden to the tort damage done is not a baby itself but child rearing costs. In other words, although the baby is healthy or not, economic burden of the parents can not be disregard. And denial of compensation for costs of child rearing may invalidate the role of liability law, grant the physician with a exemption certificate of liability. As a result, the medical field of procreation can be easily isolated from a liability of reparation. Therefore, on the liability law like the other medical malpractice action, parents who became pregnant or gave a birth by physician, wrongfully performed sterilization operation, etc. should be compensated for all damages relevant to unplanned and unwanted conception or birth as well as costs of child rearing.

• Journal of rehabilitation welfare engineering & assistive technology
• /
• v.9 no.1
• /
• pp.17-21
• /
• 2015

There have been sustained developments of advanced technologies using traffic safety facilities recently and techniques for identifying failure modes and devices which could result in fatal outcomes. The purpose of this research is aimed at improving the driving conditions in advance through analyzing the IT convergence, driving education, researches for vehicles, field of construction and robotics. The researchers evaluate on usability tests of the driving with 26 candidates through focusing on safety, convenience, efficiency, effectiveness. Using specialized LED panel to enhance driving performances of disabled people are for cautious road conditions like foggy weather or heavy rain. As a result, there were improvements in the driving conditions, and candidates reported this system was helpful. It allows them for maintaining proper driving all times and was especially informative for people with low vision or visually impaired. This system plays a pivotal role as a prevention mechanism not only for regular drivers but also for further delict of traffic violations or accident offenders who already have former record on tort.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.14
• /
• pp.103-152
• /
• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.