• Journal of Korea Port Economic Association
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• v.30 no.4
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• pp.111-130
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• 2014

The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.199-247
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• 2012

According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

• Journal of Popular Narrative
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• v.27 no.3
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• pp.95-124
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• 2021

As the symbolic images of girls besides its definition have varied according to the age and society, a posthuman girl character recently appears in the digital cinema. This study aims to analyze its cinematic representations and the social contexts in which they are created. For this purpose, the study focuses on what extent the society allows its imagined figurations as a future female body and the meanings revolving around the image of 'technologically body-enhanced female fighter'. Current digital visualization technology has developed to the extent any imaged future humans can be represented, but posthuman girls' representations have its limitation that only a human-like figuration can be allowed in accord with the traditionally idolized image of girls. It is because of the representation logic in which digital cinema is visualized based on perceptual realism that values audiences' experiences. Despite such less critical figuration which does not dare to cross the boundary between the image of human and inhuman, the posthuman girl characters create a new category of the 'dangerous girls' who are both void of sexual femininity and independent of motherhood and heterosexual romance narrative. Of course, they support the modern human-centered belief that humans can take entire control of technology with their moral behaviors and dispel the fear about the negative impact the nature of technology may have on society at large by showing their child-like figuration protecting ethical values. However, the new character of 'unruly girl' exerts her subversive act that seeks to fight against the human-centered liberal humanistic values and melancholic feeling and vulnerability that the neoliberalism and technocracy enforce. When posthuman girl characters are considered to be a marker through which we can see how different social forces are intervening and competing each other in the upcoming posthuman age, the limited figuration of the posthuman girl characters in South Korean movies illustrates the opinionated thoughts toward the instrumentalism in technology but their bloodshed struggles reveal how the corporate or state-governed techno-biopower has oppressively treated and appropriated the human body as the technology-object and also provide a meaningful opportunity to rethink its unethical violence.

• Journal of Popular Narrative
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• v.26 no.2
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• pp.39-85
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• 2020

This paper examines the aspects of disaster narrative, which makes the most of the concept of 'masterplot' as a narrative simulation to solve problems. By analyzing and comparing the remnants of 'masterplots' operating in the disaster narratives of Korea, the United States, and Japan, the differences between each country and social community problem recognition and resolution will be discussed. Disaster narrative is the most suitable genre for applying the 'masterplot' toward community problem solving in today's global risk society, and the problem-solving method has cognitive differences for each community. First, in the case of American disaster narratives, civilian experts' response to natural disasters tracks the changes of heroes in today's 'Marvel Comic Universe' (MCU). Compared to the past, the close relationship between heroism and nationalism has been reduced, but the state remains functional even if it is bolstered by the heroes' voluntary cooperation and reflection ability. On the other hand, in Korea's disaster narratives, the disappearance of the country and paralysis of the function are foregrounded. In order to fill the void, a new family narrative occurs, consisting of a righteous army or people abandoned by the state. Korea's disaster narratives are sensitive to changes after the disaster, and the nation's recovery never returns to normal after the disaster. Finally, Japan's disaster narratives are defensive and neurotic. A fully state-led bureaucratic system depicts an obsessive nationalism that seeks to control all disasters, or even counteracts anti-heroic individuals who reject voluntary sacrifices and even abandon disaster conditions This paper was able to diagnose the impact and value of a 'masterplot' today by comparing a series of 'masterplots' and their variations and uses. In a time when the understanding and utilization of 'masterplots' are becoming more and more important in today's world where Over-the top(OTT) services are being provided worldwide, this paper attempt could be a fragmentary model for the distribution and sharing of global stories.

• Journal of the Korean Geotechnical Society
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• v.24 no.4
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• pp.101-114
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• 2008

Pressurized grouting is a common technique in geotechnical engineering applications to increase the stiffness and strength of the ground mass and to fill boreholes or void space in a tunnel lining and so on. Recently, the pressurized grouting has been applied to a soil-nailing system which is widely used to improve slope stability. Because interaction between pressurized grouting paste and adjacent ground mass is complicated and difficult to analyze, the soil-nailing design has been empirically performed in most geotechnical applications. The purpose of this study is to analyze the ground behavior induced by pressurized grouting paste with the aid of laboratory model tests. The laboratory tests are carried out for four kinds of granitic residual soils. When injecting pressure is applied to grout, the pressure measured in the adjacent ground initially increases for a while, which behaves in the way of the membrane model. With the lapse of time, the pressure in the adjacent ground decreases down to a value of residual stress because a portion of water in the grouting paste seeps into the adjacent ground. The seepage can be indicated by the fact that the ratio of water/cement in the grouting paste has decreased from a initial value of 50% to around 30% during the test. The reduction of the W/C ratio should cause to harden the grouting paste and increase the stiffness of it, which restricts the rebound of out-moved ground into the original position, and thus increase the in-situ stress by approximately 20% of the injecting pressures. The measured radial deformation of the ground under pressure is in good agreement with the expansion of a cylindrical cavity estimated by the cavity expansion theory. In-situ test revealed that the pullout resistance of a soil nailing with pressurized grouting is about 36% larger than that with regular grouting, caused by grout radius increase, residual stress effect, and/or roughness increase.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.18 no.4
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• pp.21-35
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• 2023

Expectations surrounding generative AI technology and its profound ramifications are sweeping across various industrial domains. Given the anticipated pivotal role of the startup ecosystem in the utilization and advancement of generative AI technology, it is imperative to cultivate a deeper comprehension of the present state and distinctive attributes characterizing venture capital (VC) investments within this domain. The current investigation delves into South Korea's landscape of VC investment deals and prognosticates the projected VC investments by juxtaposing these against the United States, the frontrunner in the generative AI industry and its associated ecosystem. For analytical purposes, a compilation of 286 investment deals originating from 117 U.S. generative AI startups spanning the period from 2008 to 2023, as well as 144 investment deals from 42 South Korean generative AI startups covering the years 2011 to 2023, was amassed to construct new datasets. The outcomes of this endeavor reveal an upward trajectory in the count of VC investment deals within both the U.S. and South Korea during recent years. Predominantly, these deals have been concentrated within the early-stage investment realm. Noteworthy disparities between the two nations have also come to light. Specifically, in the U.S., in contrast to South Korea, the quantum of recent VC deals has escalated, marking an augmentation ranging from 285% to 488% in the corresponding developmental stage. While the interval between disparate investment stages demonstrated a slight elongation in South Korea relative to the U.S., this discrepancy did not achieve statistical significance. Furthermore, the proportion of VC investments channeled into generative AI enterprises, relative to the aggregate number of deals, exhibited a higher quotient in South Korea compared to the U.S. Upon a comprehensive sectoral breakdown of generative AI, it was discerned that within the U.S., 59.2% of total deals were concentrated in the text and model sectors, whereas in South Korea, 61.9% of deals centered around the video, image, and chat sectors. Through forecasting, the anticipated VC investments in South Korea from 2023 to 2029 were derived via four distinct models, culminating in an estimated average requirement of 3.4 trillion Korean won (ranging from at least 2.408 trillion won to a maximum of 5.919 trillion won). This research bears pragmatic significance as it methodically dissects VC investments within the generative AI domain across both the U.S. and South Korea, culminating in the presentation of an estimated VC investment projection for the latter. Furthermore, its academic significance lies in laying the groundwork for prospective scholarly inquiries by dissecting the current landscape of generative AI VC investments, a sphere that has hitherto remained void of rigorous academic investigation supported by empirical data. Additionally, the study introduces two innovative methodologies for the prediction of VC investment sums. Upon broader integration, application, and refinement of these methodologies within diverse academic explorations, they stand poised to enhance the prognosticative capacity pertaining to VC investment costs.