• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.20 no.2
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• pp.30-42
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• 2021

The amount of compensation and the number of cases owing to car damage from pot holes on highways across the country increased by about 4.2 times and 3.5 times, respectively, in 2019 compared to 2015. Due to the increase in damage caused by these road hazards, the Ministry of Land, Infrastructure and Transport is developing technologies and services that can collect road hazard information by using devices on commercial vehicles (DTGs, black boxes, ADASs). In preparation for the development of these technologies, this study conducted an integrated assessment of algorithms developed for interrupted-flow and uninterrupted-flow traffic under three scenarios in order to provide road hazard information to drivers and road managers. As a result, the overall accuracy of the integrated assessment was derived at 81.88%. Errors generated in this integrated assessment reflect only missing data in less than 1 minute, GPS coordinate location and algorithm related errors, taking into account the purpose and assumptions of the assessment. Among them, we derive an accuracy of 90.15%overall by calibrating GPS error data. The results of this study can be used as basic data for improving the accuracy of location-based information collected by commercial vehicles and for policy development.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.92-113
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• 2000

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. The goal of products liability system should be to maximize consumer welfare by efficiently providing just compensation for injuries incurred and deterring future injuries without unreasonably impeding the supply of the goods and services to consumers. Some advanced countries, apart from relying on products liability systems, also apply other policies and legislation directly aimed at the safety of the consumer. The application of general safety policies as well as products liability rules is not costless. An efficient system will not eliminate risk from society. An efficient system ... that maximises consumer welfare ... maximises the benefits while minimising the costs. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction where the claim is based. In view of international business and law circumstances, it should be stressed that international enterprises in Korea should consider how to cope with the situation of international transaction. International enterprises should have a correct perception about products liability which is to contribute the stabilization and improvement of the people's life and the sound develpement of the national economy. Products liability system creates incentives that influence behaviour and performance in ways that are desirable, such as more diligent monitoring to prevent defective products from reaching the market-place. At the same time, any liability system will impose burdens that are undesirable, such as greater costs imposed on business and consumers and reduced avaiability of consumer goods. The concern for society is to balance. The ideal situation is where the cost imposed on producers of goods and services pushes them to a desirable level of care but not so far that producers reach undesirable level of caution that may deprive consumers unnecessarily of the benefits from new and innovative products.

• Journal of The Korean Society of Integrative Medicine
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• v.11 no.1
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• pp.13-20
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• 2023

Purpose : The purpose of this study is to compare the balance ability between subjects with chronic ankle instability and normal people and the center of pressure displacement during the sit to stand and stand to sit. Methods : The subjects of this study were 63 who met the inclusion criteria and were classified into normal group (n=33) and chronic ankle instability group (n=30). The displacement of the center of pressure during sit to stand and stand to sit was measured. And the limit of stability and Y-balance tests were performed to measure the balance ability. Independent t-test was conducted to compare center of pressure displacement and balance ability between groups, and pearson correlation was conducted to analyze the correlation between the center of pressure displacement and balance ability. Results : In the case of the center of pressure displacement, there was a significant difference between the two groups during sit to stand and stand to sit. In the case of balance, both limit of stability and Y-balance test showed significant differences between the two groups. At the time of sit to stand, the center of pressure displacement showed a significant correlation with balance abilities, and at the time of stand to sit, the center of pressure displacement showed a significant correlation with Y-balance test. Conclusion : Chronic ankle instability shows that there is a lot of sway in the body due to compensation to replace the decrease in ankle joint range of motion when performing sit to stand and stand to sit due to sensory input damage such as decrease in ankle range of motion and decrease in ankle proprioception. Chronic ankle instability is expected to have a negative effect on our daily lives in life. The results of this study will serve as the basis for the dynamic approach to objective evaluation, treatment, and prevention of chronic ankle instability.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.153-184
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• 2003

‘Schiedsgutachten’ is more of a law phenomenon that appears frequently in privity of contract rather than a concept that is .generally established in the positive law. There is no definition of this in the positive law which makes it difficult to put a finger on the concept but when the concerned party of the conflict puts the establishment of a fact that is a premise to the legal relationship or the right about the legal right's content or the supplementation of the legal relationship to a third party and makes an agreement to follow the third party's judgement, the process is called the contract of schiedsgutachten. At this point, the judgement of the third party is called the schiedsgutachten. This thesis strives to search for an activation of the schiedsgutachten system in Korea by analyzing and researching the systems in various European countries including Germany where the above mentioned schiedsgutachten system is relatively well-developed. First of all, the three types of schiedsgutachten in the German law will be looked into. Based on this, the theories and judicial precedents of Swiss law, French law, Italian law, and British law will be looked into as well. By doing this, similarities and distinction standards between the various countries' legal systems will be further analyzed. Along with this, the legal qualities and the binding power of the schiedsgutachten will be searched out. In Korea, the term schiedsgutachten itself is not customary as the system itself is not actively being carried out. However, in car damage compensation lawsuits which occupy a big percentage, if the schiedsgutachten system were to be used, the problem would be easily solved without progressing to lawsuits. Korea should actively seek out this system with the various models of different countries including Germany which has been introduced in this thesis as a model.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.31-47
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• 2008

An arbitrator's duty shall be independence and impartiality such as a judge who has procedurally absolute position. Independence is the freedom from others, impartiality is the status of having no-partial condition. Although these show relevance between independence and impartiality, in actuality, it is not easy to prove them. Therefore, arbitrator has to prove his or her position by opening the public of reality and by having an obligation of notification. Each country which applies Arbitration rules or Arbitration act stays the same as Korean Commercial Arbitration Board does. Hence, each country has the moral principles in order to establish a standard of judgement for essential factors and requests preferentially the impartiality and the publicity. In reality, court of justice in England excludes arbitrator who has the close relation to a person concerned. Justice in France cancelled an authorization of arbitrator because of having the economic interest to the person concerned. And also, In United States, Federal Court reverses an arbitration judgment without giving any partiality to a person concerned because of not opening a public about the relationship between arbitrator and a person concerned. Therefore, decision basis of the independence and the impartiality is standardized by the economic interest of a person concerned, professional relation, society connection, relationship between arbitrator and arbitration representative in the same case while in process of arbitration, arbitrator's nationality If arbitrator does not keep the independence and the impartiality by a position of judge, he or she has to make responsible. this duty is divided by two things: civil case and crime case. and if arbitrator does break this responsibility, he or she will get the cancellation of judge and compensation of damage. However, Korea is placed in the real circumstance without judge precedent and moral principles including the independence and impartiality. In order to getting the good reputation of international arbitration institution, this country will have to enact principles of the independence and impartiality for arbitrator.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.3-18
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• 2017

International legal reviews on ISD, a procedure for resolving disputes under the Korea-US FTA, are examined from the perspective of law. If the ISD system does not exist, even if the investor suffers damage due to the illegal act of the host country, he or she must file a lawsuit through the court of the host country, which is unreasonable from the investor's point of view and makes it difficult to guarantee fairness and transparency. Some of the Koreans pointed out that there are some problems with the KORUS FTA dispute settlement regulations, and that the United States federal courts are taking a friendly attitude to the decisions made by the US Customs in determining the dispute by the KORUS FTA Agreement and the US Customs Act. In cases where the State does not violate international law but results in harmful consequences, the responsibility of one country is borne by the treaty. Foreign investment always comes with many challenges and risks. Therefore, the ISD system is a fair and universal arbitration system, which is considered to be a necessary system even for protecting the Korean companies investing abroad. In the investment treaty, compensation for the nationalization of foreign property and reimbursement under the laws of the host country were dissatisfied with foreign investors. In particular, some Koreans have pointed out that there are some problems in the KORUS FTA dispute resolution regulations and there is a need for further discussion and research. Based on the experiences and wisdoms gained in the course of Korea-US FTA negotiations, the dispute arbitration mechanism is urgently needed to reduce the possibility of disputes and to make amicable directions.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.143-172
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• 2013

In order to achieve the purpose of treatment for patients by a doctor, the instruction explanation obligation, which means that he should give patients the description in more details to prepare for postoperative sequelae or complications, is common with the advice explanation obligation as a doctor should ex-plain some information to patients. Since the advice explanation obligation is the benefit and protection of the law for self determination right, but the instruction explanation obligation is one for the integrity of body and life, one can be distinct from the other. Judgments giving the instruction on the concept of instruction explanation obligation, specific methods of implementation and a range of compensation for damage are recently being made by courts at all levels including the Supreme Court. It is the time to systematize them. The contents which have been mainly discussed so far include the essence of above mentioned instruction explanation obligation. However, when the tendency of practice is considered, the efforts are required to admit the organic relevance between instruction explanation obligation and advice explanation obligation and to explain the relationship without any contradiction. For whereabouts of li-ability of proof, patients theoretically demonstrate the failure to implement it. However, when the theoretical consistency is maintained, it is likely to fail the intent to recognize the instruction explanation obligation and it may ask patients to prove something impossible to be proven. Thus, these things should be considered. Moreover, as the instruction explanation obligation is associated with medicine instruction obligation of a pharmacist and the coverage is being extended, it is the time to require the systematic study on the theoretical limit.

• Korean Journal of Construction Engineering and Management
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• v.13 no.1
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• pp.36-43
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• 2012

When the construction management method was introduced, there were arguments regarding the contractual responsibility of the construction manager. Accordingly, the provisions on damage compensation in the Construction Technology Management Act were revised in 2002, and the obligatory duty of care of a good manager is now required by the Framework Act on the Construction Industry. Even though the construction manager has a responsibility of a consultant in the CM-for-fee contract, however, the Korean construction environment does not clearly specify the consultant's scope of responsibility. In this study, the theory about the duty of care, which is a consultant's responsibility among the expert's responsibilities, was arranged. Based on the responsibilities of experts such as lawyers, the duties of care of a good manager of the construction manager were presented to provide the foundation for establishing the construction manager's responsibilities. To verify the resulting items, interviews with experts were performed to assess their importance levels.

• Korean Journal of Agricultural and Forest Meteorology
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• v.11 no.4
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• pp.143-150
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• 2009

Deicing salt is used to melt snow and ice on the road for traffic safety during the winter season, which accumulates in the roadside vegetation and induces visible injuries. The damage may accelerate particularly when it coincides with early spring leaf out. In order to better understand the response mechanisms, C. kousa (3-year-old) was irrigated twice prior to leaf bud in a rhizosphere with solutions of 0.5, 1.0, and 3.0% calcium chloride ($CaCl_2$) concentration, that were made by using an industrial $CaCl_2$ reagent practical deicing material in Seoul. Physiological traits of the mature leaves were progressively reduced by $CaCl_2$ treatment, resulting in reductions of total chlorophyll contents, chlorophyll a:b, photosynthetic rate, quantum yield, stomatal conductance, $F_V/F_M$, and NPQ. On the contrary, light compensation point and dark respiration were increased at high $CaCl_2$ concentration. A decrease in intercellular $CO_2$ concentration by stomatal closure first resulted in a reduced photosynthetic rate and then was accompanied by low substance metabolic rates and photochemical damage. Based on the reduction of physiological activities at all treatments ($CaCl_2$ 0.5%, 1.0%, and 3.0%), C. kousa was determined as one of the sensitive species to $CaCl_2$.