• Journal of Arbitration Studies
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• v.19 no.3
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• pp.93-119
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• 2009

Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.133-173
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• 2011

Since mid-1960s the reports from the Surgeon General, the World Health Organization, and other health experts state that there is no risk-free level exposure to smoking and secondhand smoke. Tobacco smoke is made up of more than 7,000 chemicals. Hundreds are toxic, and at least 70 are carcinogens. The chemicals in tobacco smoke reach smoker's lungs quickly every time smoker inhale causing damages immediately. Inhaling even the smallest amount of tobacco smoke can also damage smoker's DNA, which can lead to cancers. Smoking is responsible for more than 87% of lung cancers, but there are a host of other chronic diseases directly related to exposure to tobacco smoke. It's also a major cause of heart disease, stroke, aortic aneurysm, peripheral arterial disease and most of the other diseases. In the United States, each year with more than from 440,000 to 520,000 deaths caused by smoking and exposure to involuntary smoke. They conclude that smoking is the single most important source of preventable morbidity and mortality. The United States of America have about 60-year history of tobacco litigation. Tobacco litigation has been an important tool in tobacco control strategies aimed at limiting the activities of tobacco companies and providing redress to people who have become ill as a result of their use of tobacco products. Tobacco litigation is a kind of tort litigation. Quite often, as in the asbestos and other mass tort litigation episodes, tobacco litigation can play an educational role, warning the public about the magnitude of health risks that might otherwise be less clearly perceived. Tobacco litigation allows smokers, their families or other victims of smoking to sue tobacco companies in order to be compensated for the harm they have suffered. Potential benefits of tobacco litigation include compensation for smoking-related damages, strengthening regulatory activity, publicity, documents disclosure and changing tobacco industry behavior. And also tobacco litigation can limit the political activities of tobacco industry, protect human rights of smokers and non-smokers, increase burden to tobacco price-up and enhance the effects of law and politics in public health.

• Korean Journal of Remote Sensing
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• v.35 no.6_2
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• pp.1095-1106
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• 2019

Damage of forest fire should be investigated quickly and accurately for recovery, compensation and prevention of secondary disaster. Using remotely sensed data, burn severity is investigated based on the difference of reflectance or spectral indices before and after forest fire. Recently, the use of high resolution satellite and UAV imagery is increasing, but it is not easy to obtain an image before forest fire that cannot be predicted where and when. This study tried to analyze availability of high-resolution images and supervised classifiers on the burn severity classification. Two supervised classifiers were applied to the KOMPSAT-3A image and the UAV multispectral image acquired after the forest fire. The maximum likelihood (MLH) classifier use absolute value of spectral reflectance and the spectral angle mapper (SAM) classifier use pattern of spectra. As a result, in terms of spatial resolution, the classification accuracy of the UAV image was higher than that of the satellite image. However, both images shown very high classification accuracy, which means that they can be used for classification of burn severity. In terms of the classifier, the maximum likelihood method showed higher classification accuracy than the spectral angle mapper because some classes have similar spectral pattern although they have different absolute reflectance. Therefore, burn severity can be classified using the high resolution multispectral images after the fire, but an appropriate classifier should be selected to get high accuracy.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.119-145
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• 2023

The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.109-134
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• 2014

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.27 no.4
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• pp.398-410
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• 1982

Summer crops grown in uplands are greatly diversified and show a large variation in difference with year and location in Korea. The principal factor for the variation is weather, in which precipitation and temperature play a leading role and such a weather factors as wind, sun lights also influence production of the summer crops. Since artificial control of weather conditions as a main stress factor for crop production is almost impossible, it must be minimized only by an improvement of cultivation techniques and crop improvement. Precipitation plays a role as one of the most important factor for production of the summer crops and it is considered in two aspects, drought and excess moisture. This country, which belongs to monsoon territory, necessarily encounter one of this stress almost every year, even though the level is different. Therefore, the facilities for both drought and excess moisture are required, but actually it is not easy to complete for them. On this account, crops tolerant to drought, excess moisture and pests should be considered for establishing summer crops. For the districts damaged habitually every season, adequate crops should be cultured and appropriate method of planting, drainage and weed control should be applied diversely. Injuries by temperature is mainly attributed to lower temperature particularly in late fall and early spring, although higher temperature often causes some damages depending upon the kind of crops. Sometimes, lower temperature in summer season playa critical role for yield reduction in the summer crops. However, certain crops are prevented to some extent from this kind of stress by improving varieties tolerant to cold, hot weather or early maturing varieties. As is often the case, control of planting time or harvesting is able to be a good management for escaping the stress. Lodging, plant diseases and pests are considered as a direct or indirect damage due to weather stress, but these are characters able to be overcome by means of crop improvement and also controlled by other suitable methods. In addition, polytical supports capable of improving constitution of agriculture into modern industry is urgently required by programming of data for the damages, establishment of damage forecasting and compensation system.

• Journal of Preventive Medicine and Public Health
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• v.28 no.3 s.51
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• pp.678-689
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• 1995

Chromium is one of the representative toxic substance by occupational exposure which damage the mucosa of respiratory tract including nasal septal perforation. The aim of this study is to evaluate the effect of chromium exposure on olfactory function and to obtain the fundamental information about chromium exposure. The authors performed olfactory function test, laboratory tests and questionnaire interview on the subject of three groups, that is, two exposed groups and one nonexposed group from May 1 to June 30, 1994. Exposed group 1 was 15 male workers without nasal septal perforation, exposed group 2 was 15 male workers with nasal septal perforation among 103 workers in 22 chromium plating factories, and nonexposed group was 15 male medical students. The gathered informations were histories of chromium exposure, habits of smoking and alcohol drinking, the concentrations of chromium in serum and urine, and asparate aminotransferase(AST), alanine aminotransferase(ALT), gamma-glutamyl transferase, etc. Olfactory function was checked by T and T olfectometer using phenyl ethyl alcohol(material A), methyl cyclopentenolone(material B), iso-valeric acid(material C), $\gamma$-undecalactone(material D), skatole(material E) and the results were expressed by detection threshold(DT) and recognition threshold(RT). There was a significant difference between exposed groups and nonexposed group in A, B, C, D, E substances by DT and in A, B, C, D substances by RT(P<0.01). The degree of olfactory dysfunction was highest in the exposed group 2 and lowest in the nonexposed group in all five substances by DT and it was same in A B, D substances RT and the difference of RT and DT. As summary, olfactory dysfunction by chromium exposure was recognized and the degree of olfactory dysfunction was higher in the exposed group with nasal septal perforation. Therefore, it would be helpful to apply olfactory function test for the early detection of olfactory dysfunction, and this test would be considered as the basic tool within workers' compensation system.

• The Journal of the Korea Contents Association
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• v.20 no.1
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• pp.460-469
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• 2020

Recently, the Supreme Court pointed out that it would be difficult to maintain the existing opinion any more because the overall conditions that were the basis of the past empirical rule were remarkably changed when estimating the lost earnings of a deceased minor. Thus, the court sentenced en banc decision to extend the maximum working age of manual laborers under the empirical rule to 65 years old. The significance of this ruling is to put an end to social confusion caused by courts' different sentences on the maximum working age under the empirical rule depending on lower court decision, and also to acknowledge the maximum working age of physical laborers by applying the new empirical rule in accordance with entering the aged society. It is still unfortunate to conclude the maximum working age as a specific age and also to estimate the lost earnings of a victim by applying the daily wages of urban laborers. Like this, this study aimed to provide the basic data for guaranteeing a proper compensation for damage to victims by analyzing the issues of rulings related to the maximum working age of manual laborers under the empirical rule, and then complementing imperfections in Korean society that has entered the aged society.

• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.151-208
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• 2020

Japan's two outer space-related laws were promulgated on November 16, 2016. There are the Act on Launching of Spacecraft, etc. and Control of Spacecraft (Act No. 76 of 2016, Space Activities Act) and the Act on Securing Proper Handling of Satellite Remote Sensing Records (Act No.77 of 2016, Remote Sensing Records Act). Japan's Space Activities Act states that a person who launches a satellite from the territory of Japan, or from a ship or airplane registered in Japan, must obtain permission from the Prime Minister prior to the launch. To obtain the permission, the person must have a certificate for a rocket design and for radio equipment at a launching facility. In addition, the ability to launch a rocket safely and the purpose for the satellite launch must be evaluated. Managing a satellite from Japan also requires permission from the government. A person who launches a rocket must have insurance for any potential damage arising from accidents, and the government is to supplement the potential compensation to allow for damage that cannot be covered by private insurance. The purpose of this paper reviews regulations of launch services and management of satellites in the Japan's Space Activities Act. It also offers some implications and suggestions for regulations of launching of spacecraft and management or operation of satellites.