• Title/Summary/Keyword: compensation of the damage

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Consumer Sentiment and Behavioral Intentions Regarding Dark Patterns in Online Shopping: Qualitative Research Approach (온라인 쇼핑의 다크패턴에 대한 소비자 감정 및 행동 의도: 질적연구를 통합 접근)

  • Hae-Jin Kim;Jibok Chung
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.1
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    • pp.137-142
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    • 2024
  • User interface (UI) functions are distorted and appear as a dark pattern that intentionally deceives or entices users. Consumers who are unaware of dark patterns are constrained in their choices, resulting in unnecessary economic damage. In this study, we aimed to investigate consumers' various shopping emotions and behavioral intentions after recognizing dark patterns in online shopping malls through qualitative research methods. As a result of the study, the rate of perception differed slightly depending on the type of dark pattern, and it was found that it induced consumer emotions such as distrust of the company, user deception, and displeasure. It has been found that the behavior after recognizing the dark pattern shows passive behaviors such as vowing to prevent recurrence and warning acquaintances rather than actively protesting to the company and demanding compensation for damages.

Developing Statistics of the Direct and Indirect Socioeconomic Losses from Storm and Flood to Construct Regional Spatial Information System (지역공간정보체계 구축을 위한 풍수해의 사회경제적인 직·간접손실 항목 도출에 관한 연구)

  • Hyun, Su-Hyun;Kim, Hag-Yeol
    • The Journal of the Korea Contents Association
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    • v.17 no.4
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    • pp.95-107
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    • 2017
  • Since disasters have been getting stronger and wider according to the influence of climate change, those impacts on social and national economy have been also getting more severe in various subjects. However, as direct property damage as well as casualties are only measured in case of disasters, monetary figures on its losses are likely to be underestimated, which are known as a major barrier to both compensation for loss and making a regional disaster management plan. Thus, the main purpose of this study is to develop statistics appropriate to the direct and indirect socioeconomic losses, which have continuously been overlooked. To achieve this purpose, this study defines the scope of direct and indirect socioeconomic losses, provides a framework for developing those measurements, and determines a preliminary statistics list. Selection criteria to set the final list are decided and are then applied to the list. The result of this study can be used as basic data for further studies to estimate and calculate its socioeconomic losses from storm and flood.

A Study on Job Stress-Coping Plans for Urban Railroad Drivers (도시철도 기관사의 직무스트레스 대처방안에 관한 연구)

  • Park, Taesoo;Lee, Jinsun;Kim, Hongki
    • Journal of the Korean Society for Railway
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    • v.16 no.3
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    • pp.233-239
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    • 2013
  • This paper studied the stress of Metropolitan Transit driving crews. Stress to such workers can not only lead to fatalities and infrastructure damage but also enormous loss of competitiveness. The study was carried out to search for ways of alleviating stress of driving crews. In order to reduce the various factors that exacerbate job stress of driving crews of Metropolitan Transit, it is first necessary to expand training in order to enhance their expertise, and improve facilities to protect driving crews in the event of accidents. Second, psychological compensation or organization's systems may cause job stress. It may therefore be possible to solve fundamental problems through typical organization level approach such as leadership training programs. Third, job stress may be reduced through proper life habits such as personal regular exercise. Fourth, we need to improve driving crews' working conditions and adjust working hours by avoiding excessive performance competition and an unfair evaluation system, by understanding their mental states, and by setting up systems such as a comprehensive health improvement and management program at the organization level.

Proposition of a New Implantable Acoustic Sensor Based on Technology Evaluation of Fully Implantable Hearing Aids (완전 이식형 보청기 기술 평가 기반의 새로운 이식형 음향센서 제안)

  • Cho, Jin-Ho;Woo, Seong Tak;Lim, Hyung-Gyu;Jung, Eui Sung;Lee, Jyung Hyun;Lee, Seung-Ha;Seong, Ki Woong
    • Journal of Sensor Science and Technology
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    • v.23 no.3
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    • pp.178-184
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    • 2014
  • Key components of implantable hearing aids are consist of an acoustic sensor that collect external sound by suppressing the body noise, a signal processor module for compensation algorithm of hearing loss, and a output transducer which has tiny size but have high efficiency, respectively. In the partial implantable hearing aids, technologies of transducer and signal processor are so matured that can be applied not too much difficulty. However, due to the difficulties in implantable acoustic sensor technology, such as minimization of masticatory sound and damage of sensor's membrane from external impact, practical use of fully implantable hearing aids have not successful so far. In this paper, we have proposed a novel implantable acoustic sensor which has trans-tympanic structure, and is verified that the proposed method can be very useful for fully implantable hearing aids by cadaveric experiments.

Crop Loss Survey by Wildlife in National Parks of Korea (한국 국립공원 내 야생동물과 농작물 피해)

  • Yoon, Seong-Il
    • Korean Journal of Environmental Biology
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    • v.25 no.3
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    • pp.223-227
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    • 2007
  • Crop loss and damage by wildlife are becoming more serious to residents inside and around National Parks of Korea annually. It could be caused by small size of Parks, which is couples of ten $km^2$ only, and more than a third of total parks' areas are belonging to privates. Wild boar (Sus scrofa) is one of the most harmful pests in nationwide. Treading down crop field using as bedding or resting site are major damaged types and foraging behavior is following. Besides of boars, Korean water deer (Hydropotes inermis), racoon dog (Nyctereutes procyonoides), and badger (Meles meles) are another serious pests. Mainly, farm products planted in upland, such as corns, sweet potatoes, cabbages, etc. are harmed easily, a rate reaches up to 76.9% of whole losses. 92.4% (n=187) of interviewees, who are mostly seniors, cultivate small crop fields smaller than 1 ha. Crop damage would be started from June to late November, time differences are happened due to latitude, climate condition, and crop differences of National Parks. Dusting animal repellents are easier and widespread methods to prevent animal foraging to crop fields and installing noisy makers using gun powder and setting up scarecrows are traditional methods for repelling animals. Nevertheless, effects of these self-defence are turned out to be useful soon after labors done only. Since legal compensation for crop damages by wildlife are not prepared systematically so far, crop loss are rarely reported to local government by most farmers. Systematic and objective methods for quantifying of crop loss by wildlife and population managements system should be offered urgently to well-managed animals habitat and residents' living inside National Parks.

Analysis of Construction Dispute Cases Considering Reward Ratio Focused on Arbitration Cases of Korean Commercial Arbitration Board (보상비율을 고려한 건설사업 분쟁사례 분석 - 대한상사중재원 중재판정사례를 중심으로 -)

  • Ahn, SangHyun;Choi, Heeju;Yu, Jungho
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.4
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    • pp.48-56
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    • 2017
  • Construction Projects have many participants by characteristic, scale and contract. Those also have complicated communication structure. So, claim and dispute occur continuously for conflicting communication. In many claim and dispute cases, it usually occurs between builder and owner. Unfair practices by owners position cause main claim and dispute. This study analyses judgment type, cause and compensation ratio in korean commercial arbitration case and provides the dispute information for builder that has weak position by contract. It draws analysis information for managing and controlling dispute that order type, judgement type, cause and failure case. Using these analysis information, it hopes to help inducement of dispute agreement and save time and economic damage for builder during construction. It also hopes to rise construction completeness by providing dispute management information.

A Study on the Policy of Reserved Forests in Korea - mainly, on the designation and cancellation of reserved forests - (보안림정책논고(保安林政策論考) - 보안림(保安林)의 지정(指定) 및 해제(解除)를 중심(中心)으로 -)

  • Choe, Kyu-Ryun
    • Journal of Korean Society of Forest Science
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    • v.4 no.1
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    • pp.1-8
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    • 1965
  • In this study, the present institution of reserved forests in Korea has been criticized through the analysis of the present situation of reserved forests in Korea, and mainly, on designation and cancellation of them because of this important institution thought as restriction of forest ownership. Reserved forest land in Korea as of the end of 1962 is 996,915 chungbo in area, or about 14.8% of the total forest land area, 6,750,324 chungbo in Korea, and we can find that the area of reserved forest land has increased remarkably since the Liberation in 1945, in comparison with about 180,000 chungbo-a little over 1% of the total forest land area, 16,000,000 chungbo, through Southern and Northern Korea till the Liberation in 1945. This fact clearly proves that Korean forests are extremely devastated since the Liberation in 1945, and in Korea we can find that reserved forest policy is very important in forest policy, consequently, reserved forest institution must be dealt with care. Moreover, the area of reserved forest land, 996,915 chungbo, which is divided into 43,820 chungbo of national forest land, 59,302 chungbo of public forest land, 893,793 chungbo of private forest land, and private forest land is excellently large, or about 89.7% of the total area of reserved forest land. In this number, we may understand the fact that reserved forests have the most influences on private forests, therefore, we may recognize that it is necessary for reserved forest constitution which is infringement of private right to be carried out carefully. From the first beginning, the institution of reserved forests is serious restriction to the forest ownership. Consequently, when the area of reserved forest land grows, it interferes seriously with the free forest management and the desire for forest own ership is decreased, at the same time, forest enterprise results in obstruction. Especially, Korean forests are destroyed extremely at present, so, intensification of reserved forest institution is unavoidable for completion of the national aim which forests have, but the author thinks that reserved forest institution must be as avoidable as possible, and we have to obtain good results by supervision of forest management which is regulated in the Forest Law. Consequently, designation of reserved forests must be minimized, and although forests were already designated as reserved forests they must be cancellated as fast as fast as possible and put them free in the owner's hands when they are in cancellation conditions. According to the provision of Article 18 of the Forest Law concrete cases designated as a reserved forest are enumerated for the purpose of maintaining the forest ownership and avoiding to give the forest authorities a free hand in order to protect forest owners from one-sided damage. Therefore, the forest authorities must not abuse the institution of reserved forests, and it is not good tendency to give only the authorities a free hand in eesignation and cancellation of reserved forests, and especially, when the forest owners object to that, establishing some legal organization like the reserved forest council in each province in order to hear about impartial opinions, and it is more suitable than administrative disposal by the same organization. The compensation of damages for reserved forests by the provision of Article 25 of the Forest Law is a different problem by forest policy, but the results of compensation of damages regulated in the Forest Law are wholly lacking up to now, the author thinks that this is caused to poor forest cover, the forest owner's unconcern and insincerity of administrative authorities. Therefore, the government must enlarge the range of compensation and minimize the forest owner's economic sacrifice, also, the government must mollify the conditions of the legal restrictions to reserved forests, and harmonize with functions of national conservation and economy. This means that it is necessary to modify the restrictive conditions for the effective utilization of forest resources within the range in which can be attained the purpose of designation, from permanent prohibition of cutting. Except the reserved forests of fish habitat, public sanitation, maintaining scenery and navigational mark ect., most of reserved forests are prohibited from cutting, and the present situation of forests in Korea are extremely devastated and those forests are not so expected in cancellation possibility in near future. Therefore, when the forest owners apply for national purchase of those reserved forests, the government had better nationalize them, protect and manage to reduce the forest owner's economic sacrifice.

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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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A Study on Legal Issues with Airline Over-booking Practice (항공권 초과예약의 법률적 문제에 관한 연구)

  • Jeong, Jun-Sik;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.143-166
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    • 2012
  • This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.