• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

• International Journal of Computer Science & Network Security
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• v.21 no.7
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• pp.103-107
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• 2021

The article analyzes the theoretical aspects of the relationship between the right to medical secrecy and the employer's right to receive information on the employee's state of health, resulting in a more complete description of the implementation of the right to medical secrecy and the employer's right to information on the employee's health state and the possibilities of protecting violated rights. The limits of permissible restrictions on the right to secrecy of health in terms of ensuring the person's performance of their job function have been clarified.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.33 no.6
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• pp.527-536
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• 2015

Recently, the demand for three-dimensional spatial information has continuously been increasing, and especially, studies of indoor/outdoor spatial information or data construction have actively been conducted. However, utilization of spatial information does not universally spread to the private sector, but it is mostly used for the government offices. Thus, this study deals with the creation of three-dimensional right objects and the technique of expression to further vitalize the private sector, three-dimensional right objects, aiming to create and express three-dimensional right spaces in a particular system or open platform more conveniently. Unlike a plane text or apartment building used in existing maps was iconified and displayed simply, this study proposes a method of extracting data from the outer border of the building by the relevant level based on the existing structured three-dimensional building, a method of providing two-dimensional right spatial objects in XML, and expressing them as three-dimensional right objects efficiently. In addition, this study will discuss a method of creating right objects in a way in which an owner who was provided with a cross section of a building involves the direct detailed right objects in additional production or reproduction to utilize three-dimensional data (right objects) produced through this study.

• Journal of the Korea Society of Computer and Information
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• v.20 no.10
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• pp.113-119
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• 2015

In this paper, we propose an efficient freedom of information and Information access right which improves transparent and speedy administration process. To build open Information, we scrutinize that causes of non access right and change of civil service consciousness, attitude for open information by effectively open system circumstances. The Important thing is basic information that is available to the public through an agency's FOIA Reference Guide, all agencies must notify potential FOIA requesters of the formal rules and requirements for the making and handling of FOIA request, through their FOIA regulations. The characteristics of this paper focused on Information access right, causes of non access right and proposed policy. In this paper, The author emphasize are as follows: first, to examine freedom of information' necessity and problem that scrutinize a theoretic analysis, second, to understand civil servant's attitude for the freedom of information, third, to suggest action plan and agenda for the better of Good Governance and Democracy of information.

• 한국노년학
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• v.37 no.1
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• pp.221-236
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• 2017

The purpose of this study was to examine the effects of altruism and the civil right consciousness on the ageism against older people. Using data of 1,513 persons over 18 years old from the Korean General Social Survey(KGSS)(2011), this study applied descriptive analyses, t-test, ANOVA, correlation analysis and multi-regression with STATA14. According to results, the degree of ageism was slightly lower(2.43 out of 5). Compared to age groups, the results were followed: elderly, middle age, and young age group. Among them, the ageism level of the group to have experiences of discrimination was higher than one of the group not to have it. The degree of altruism was high(3.95 out of 5), followed by elderly, middle age, and young age group. The group experienced in discrimination had higher level of altruism than another. The degree of the civil right consciousness was high(5.83 out of 7) without differences among age groups. In the results of regression analysis, the ageism was negatively affected by altruism and the civil right consciousness. Based on the results, this study suggested practical and political opinions for reducing ageism.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.77-116
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• 2009

Owing to the development of Biotechnology, the involvement of humans in life before birth has been increasing. This means the need for the protection of unborn life takes on new importance. The respect for life and human beings which is based on fundamental constitutional principle should still be respected under civil law. This study examines how methods of respect for life are embodied in civil liability law. In particular, it enunciates the protection of unborn life within time-flow. Lastly, it studies the instruments of the civil liability law and the extent of protection for a fetus from the process of fertilization of an ovum by a sperm, development into an embryo and implantation. Especially, it looks into when and how the subject of the right changes. Besides, it critically scrutinizes the opinions of leading case lawyers and the Constitutional Court which conclude that, in order for a fetus to become the subject of Damage law, it is required to be born alive to comply with precedent. Furthermore, it suggests an alternative interpretation theory.

• Structural Engineering and Mechanics
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• v.51 no.2
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• pp.315-331
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• 2014

The present study investigated the effect of the correlation of the measured road roughness profiles corresponding to the left and right wheels of a vehicle on the vibration of a vehicle-bridge coupling system. Four sets of road roughness profiles were measured by a laser road-testing vehicle. A correlation analysis was carried out on the four roughness samples, and two samples with the strongest correlation and weakest correlation were selected for the power spectral density, autocorrelation and cross-correlation analyses. The scenario of a three-axle truck moving across a rigid-frame arch bridge was used as an example. The two selected road roughness profiles were used as inputs to the vehicle-bridge coupling system. Three different input modes were adopted in the numerical analysis: (1) using the measured road roughness profile of the left wheel for the input of both wheels in the numerical simulation; (2) using the measured road roughness profile of the right wheel for both wheels; and (3) using the measured road roughness profiles corresponding to left and right wheels for the input corresponding to the vehicle's left and right wheels, respectively. The influence of the three input modes on the vibration of the vehicle-bridge system was analyzed and compared in detail. The results show that the correlation of the road roughness profiles corresponding to left and right wheels and the selected roughness input mode both have a significant influence on the vibration of the vehicle-bridge coupling system.

• International conference on construction engineering and project management
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• 2007.03a
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• pp.810-819
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• 2007

Usually the status of a bridge is determined by its structural capability and material strength. Consequently a lot of researchers have studied the failure, the fatigue, and the deterioration of the structure in terms of the structural function of a bridge. However, the overall performance of a bridge may be affected simply by the damage of one of its components. Therefore this study utilized a systematic classification and statistical analysis based on the existing bridge inspection data collected in Taiwan to reach the following goals: (1) assess the performance distribution and deterioration rate for bearing and expansion joint of bridge; (2) find out the right time to do the preventive and essential maintenance for the component of bridge with an empirical method, and to decide what time and which component of a bridge will receive preventive maintenance or regular maintenance.

• Proceedings of the Korean Geotechical Society Conference
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• 2008.10a
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• pp.1518-1525
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• 2008

This paper concerns optimum design of 2-Arch tunnel. A 2-Arch tunnel adopted in a subway tunnel construction site is considered in this study. A calibrated 3D finite element model was adopted to conduct a parametric study on the lagged distance between left and right tunnel faces. The results of analysis were examined to determine optimum lagged distance for minimizing the interaction between the left and right tunnels. The results indicated that the shotcrete lining stress and the center pillar load are more influenced by the second tunnel excavation than the tunnel deformation. Also shown is that a lagged distance of 20m is sufficient to minimize the interaction between two tunnels. Fundamental mechanism of 2-arch tunnel was also investigated based on the results.

• Journal of Ginseng Culture
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• v.5
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• pp.77-96
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• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.