• Journal of Applied Reliability
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• v.11 no.4
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• pp.371-385
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• 2011

Because consumer mostly utilizes company test standard, supplier spends burden of expenses on building test equipments and managing expert manpower to fulfill consumer's various tests. Therefore, it is urgent to standardize test assessment which has a bond of sympathy between consumer and supplier and evaluates reliability of their products. This study develops reliability assessment standard which is composed of 12 test items considering international and domestic test standards, company internal test standards of consumer companies and field conditions. Also this study introduces overall technical procedure on accelerated test with no failure which is used for the main technology of reliability assessment. To verify effectiveness of reliability assessment, the test results are herein analyzed through building the test equipments and performing the test items.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.11-36
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• 2009

This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

• The Journal of Fisheries Business Administration
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• v.50 no.3
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• pp.31-42
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• 2019

This study aims to determine problems of the damage investigation system of aquaculture products resulting from natural disaster and to deduce improvement plans for such problems. The main problems revealed from this study were as follows: 1) detailed damage investigation is carried out only by one particular organization, 2) for aquaculture insurance subscribers another detailed damage investigation is conducted to reveal the causes of natural disaster by a joint investigator team formed according to a different legislation with a different purpose, 3) damage investigation is usually suffered from lack of labor, budget and time due to the restriction of natural damage to a certain period of season leading to the absence of quick reaction capability for irresistible natural disasters, and 4) there are no specified procedures and protocols for deciphering causes of a natural demage. The improvement plans to find solutions for such problems are as follows: 1) for the investigation, the object, method and role of the investigation organization should be clarified by improving the present legislation, 2) investigation methods for determining the demage causes should be systematized by making a manual to minimize disputes, and 3) supports for the investigation organization should be institutionalized to guarantee sufficient budget and manpower. Under the present circumstance with continuous natural damages, smooth procedures of damage compensation would lead to the management stability of aquaculture farms.

• Korean Journal of Veterinary Service
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• v.23 no.3
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• pp.263-269
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• 2000

This study was carried out to set a standard of damage compensation by researching state of damage due to noises in laying and prelaying hens. Recently, there are many damage cases in chicken farms near construction site that were caused by noises of construction. Therefore disputes and complaints about economical loss have increased ceaselessly. But we have few research and report such a thing. The result have shown that the weight loss rate was ranged from 9.48% to 23.2% and mortality of laying period of hens was higher than prelaying period. Pathological findings were fatty liver, congestion and hemorrhage of intestine, erosion of proventriculus and gizzard in order of case frequency. And these signs in hens of laying period was more serious than prelaying period. Half-life rate of antibody titers against Newcastle disease and infectious bronchitis in sound stressed hens was no different compared with non-stressed hens. Egg production rate dropped from 38% to 45% according to strength of noises. Before being stressed, hens produced special, large, middle, small-size eggs in the order. But after being stressed, their egg Production rate of middle, small-size Increased while egg production rate of special, large-size decreased. Production rate of soft and broken shell eggs was 0.015% in the stressed flocks higher than 0.005% in the non-stressed flocks.

• Journal of the Korean Society for Nondestructive Testing
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• v.31 no.3
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• pp.260-270
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• 2011

The electromechanical impedance(E/M)-based method detects local structural damages based on variations of electrical impedance signatures which are obtained from piezoelectric sensors bonded to the structure and excited in high frequency band. In this method, temperature changes may result in significant impedance variations and lead to erroneous diagnostic results of the structure. To tackle this problem, a new technique providing a 2-dimensional damage feature related to the temperature information is proposed to distinguish the structural damage from the undesirable temperature variation. For experimental tests to validate the proposed method, damages are introduced by bolt loosening to a bolt-jointed steel beam, and impedance signals are measured under varying temperature conditions through a piezoelectric sensor attached on the beam. A freely suspended piezoelectric sensor is additionally utilized to obtain temperature information indirectly from resistance signatures. From a relationship between the damage index (from a constrained sensor) and the temperature (from a freely suspended sensor or a temperature sensor), damages can be detected more clearly under varying temperature compared to other conventional approaches.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.163-191
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• 1989

The accident of the midair collision, passengers' falling or goods' dropping occurs or supersonic aircraft make a sonic boom during their conveying passengers or goods to the destination. The accident in transmit damages the their parties on the surface or their properties. In these cases, the third parties who were harmed to their lives or properties have the right to claim damages against the air carrier who caused them. These matters have become one of the important things since aircraft conveyed passengers and goods. Therefore, it is a great concern to settle these matters by law. But the Safety of the present aircraft has been much increased and the aircraft have become larger in size. Its flight altitude became higher than before. So the relationship of the aircraft to the third parties is much different from that of the earlier aircraft. The air transport is now indispensable to our life. It is not so easy to control these matters. In the early part of 20th century, when the third parties suffered the damage, many European countries made laws on the basis of the principle of liability without fault. But each country had a variety of its own law, and different kinds of difficulties have been brought about. Accordingly, the Rome Convention on Surface Damage (1933, 1952, 1978) has been made and revised. In spite of being revised, it contains many problems, and is not carried into effect world-wide. On the other hand, there are no regulations about the compensation of the third parties damaged in Korean existing laws. In case the damage is brought about to them, it is obviously true that the settlement of the liability of compensation for damage should be made by the general principle on the tort in domestic laws. At this point, it is urgent that we make a special law though the domestic legislation as a preliminary measure before we sign the international convention to save third damaged. It is desirable that we should, for the responsibility of the air carriage for the demage of the third parties on the surface, bring in the theory of the absolute liability in view of the legislation of many conutries. As the aircraft fly in the sky, their flight always contains some danger. It is very difficult to prove the fault, and the operator should suffer the principle of liability without fault or the similiar one. In case the liability without fault will be imposed upon the operator for the damage of the third parties, it is necessary to bring in the liability protection system for the protection and up upbringing of the air carriage. The Burden of danger of the air carriage will be reduced by introducing the system. A domestic legislation measure should be necessarily taken as soon as possible as a legal security measure on these matters.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.43-67
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• 2011

Humankind history is faced with one gigantic turning point due to development of Living genetically Modified Organisms. Food production by means of LMO is on the acceleration in an effort to solve the shortage of food problems. Food is also used as alternative energy source. Use of LMO product is not only limited to food and energy, but is actively utilized in various fields of medicines. This paper is first to check out the state of biomedicine developed and associated problems from industries that use LMO, after which we made an attempt on legislative approach to find out means of relief, through examples of such laws legislated for the sufferer from the adverse effect of the biomedicine. As for the liable subject to bear the responsibility for compensatory damage in a way of relieving the victim owing to adverse effect of biomedicine, those who manufactured and sold biomedicine and who are related to the damage to the victim due to the accident and medical doctors and pharmacists who prescribe and administer the medicine in question have been looked into. Accidents involving medicines and medical supplies could take place without reason for imputation on part of the liable subjects or fault of the victim, in which case the victim can't receive damage compensation from any of both parties. When such accidents happened turn out to be no fault accidents, introduction of damage relief measures might have to be reviewed against side effects of medicine and medical supplies as no fault compensation in order for actual relief to be possible. Talking about technicality of legislation, we can suggest a method of strengthening the accountability of manufacturer for stereotypical agenda on biomedicines by newly legislating special regulation with an issue that resists claim on risks associated with the development of medicine and incorporating the same into Manufactured Product Liability Law. After all, when an accident happens associated with biomedicine, the damage will be done to the consumer. And the consumer will be exposed to fatal danger even without the time to cope with potential risks associated with medicine and medical supplies they take. Therefore, it is necessary to protect the potential victim by having the manufacturer of biomedicines bear the liability of medical risks.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.5
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• pp.455-461
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• 2017

The Hebei Spirit oil spill incident occurred in December 7, 2007 and caused approximately $12,547k{\ell}$ of crude oil spillage along 370km off the west coast of Korea. Due to the astronomical and irrecoverable damage to the marine ecosystems and the overall living standards of the residents, the oil spill incident has been notoriously named as the "worst oil spill incident" occurred in Korea. Nevertheless, though almost a decade has passed since the tragic incident in Korea, it appears that compensation and recovery efforts seem not close to satisfaction and the local residents are still struggling with various negative impacts incurred by the incident because of critical cleavage among the interests of the relevant parties to the incident. In this paper, the analysis of Hebei Spirit oil spill incident regarding two aspects was carried out; First, meticulously analyze the practical and statistical data of the incident to precisely examine the fundamental causes for its occurrence to further prevent the reoccurrence of such disastrous incident; and the second, comprehensively inspect reasons for the protracted and inefficient damage recovery and victim-oriented compensation. To be specific, this study observed the levels of compensation against damages from the incident, and the adequacy of it in terms of ultimately and inclusively addressing financial, social and ecological aspects based primarily upon the legal verdicts, and statistical and empirical surveys.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.3-31
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• 2022

In the past, there has not been a law with the main purpose of preventing or preventing a risk in advance in order to protect the safety of patients in relation to medical services. It is evaluated that the enactment of the Patient Safety Act has a very important meaning in protecting patient safety as the top priority and further improving the quality of medical care. However, looking at the status of patient safety accidents reported to the Patient Safety Reporting System after the Patient Safety Act was enacted and implemented, various types of risk factors for patient safety still exist in the medical field. Meanwhile, Korea Consumer Agency and Korea Medical Dispute Mediation and Arbitration Agency, the existing domestic ADR specialized agencies, have been operating reasonable damage relief procedures such as recommendation of settlement, mediation, and arbitration according to the purpose of their establishment. Therefore, with the aimof broadening the choice of compensation system for patients, we propose the establishment and revision of ADR-related laws to apply the damage relief procedures of both institutions.