• Korea Journal of Hospital Management
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• v.18 no.3
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• pp.106-125
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• 2013

Medical litigation, as a method of resolving medical disputes, has been a huge burden on both the patient and medical institution as it is both costly and time-consuming. The Korea Medical Dispute Mediation and Arbitration Agency has created a dispute mediation process as a method of alternative dispute resolution(ADR). Being in its early stage of implementation, there are still areas requiring improvement as some functions overlap with the Korea Consumer Agency's damage redress and mediation process. This study examines the problems of existing practices in medical litigation while reviewing the mediation process of the two agencies from legal/administrative aspects, and provides an in-depth analysis of the situation through case studies and interviews. While the Korea Medical Dispute Mediation and Arbitration Agency offers many advantages in resolving medical disputes, there must be a distinct division of roles and mutual cooperation with the Korea Consumer Agency. Considering the increasing amount of compensation in medical disputes, medical professionals are being requested to carry medical malpractice insurance. However, this has yet to become a general trend in the medical field despite the growing social demand. As such, the coverage of medical malpractice insurance should be expanded to prevent medical accidents from escalating into medical disputes, thus acting as a social safety net. This study seeks to examine the methods of medical dispute resolution and to allow institutional provisions to reduce the social costs arising from such disputes.

• Korean Journal of Human Ecology
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• v.17 no.5
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• pp.1001-1013
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• 2008

The purpose of this study were to make clear the actual state of indoor air quality by cooling in private institute classrooms and to analyze influencing factors on indoor air quality. The measurements of physical elements and observations of architectural characteristics and living conditions were carried out in each 1 classroom of 5 private institutes. Measuring elements were indoor temperature, relative humidity, $PM_{10}$, HCHO, CO, and $CO_2$ concentration. As results, the averages of indoor temperature each classroom were $21.7\sim28.1^{\circ}C$. 3 classrooms were lower than the Maintenance standard($26\sim28^{\circ}C$) of School Health Law. The means of relative humidity were 48$\sim$63%, all classrooms were ranged within the standard(30$\sim$80%). The means of $PM_{10}$ concentration were 2.1 $\sim$ 17 $\mu g/m^3$, all classrooms were kept within the standard(100 $\mu g/m^3$). The means of HCHO concentration were 0.02$\sim$0.16 ppm, 2 classrooms were exceed the standard(0.1 ppm). The means of CO concentration were 1.4$\sim$3.6 ppm, all classrooms were kept within the standard(10ppm). The means of $CO_2$ concentration were 1,593$\sim$3,819 ppm, all classrooms were exceed the standard(1,000ppm). The results of analysis on influencing factors of the physical elements are as follow; the air conditioner set of temperature, personal necessities like hair spray, teacher's smoking in corridor, windows and doors opening time, the number of students, and volume of classroom.

• Journal of the Korean Society of Food Culture
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• v.3 no.2
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• pp.211-217
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• 1988

The Main objective of this study is to find consumer attitude toward the Sanitary Regulation of Foods. In view of consumerism, this result will be used in re-regulating the law. Among the Sanitary Regulation of Foods, this study focuses on the Standard of prepackaged Food Labelling, because it is related both with the advertising from the food manufacturer's point of view and with the perception about the food itself from the consumer's point of view. After reviewing the previous studies and related provisions about the Standard of Prepackaged food Labelling, and compare other sanitary regulation of foods in developed countries (U.S.A. and Japan), basic research framework was derived. The research framework focuses on the user perception about the validity of provisions about the Standard of Prepackaged Food Labelling, and on the existance of exaggeration in food advertising using prepackaged foods. Data were collected through questionaires from the sample covering 374 food customers. The data were analyzed by frequency test and the important findings of this study are as follows. Most food consumers consider such provisions as date of manufacturing, circulation time limit, cautions for food handling, price, and manufacturer as important factors in buying food products. Among these factors, the date of manufacturing and circulation time limit are most critical factors, and must be labelled correctly on the prepackaged food cover. But other provisions which do not affect on consumer's buying decision (e.g. business admission number, self standard number) need not be labelled. From this study, we can conclude that the provisions about the standard of prepackaged Food Labelling currently used must be devided into two parts. One is 'mandatory provisions' which must be obeyed by all food manufacturets, and the other is 'autonomous provisions' which need not be obeyed by all food manufacturers. And mandatory provisions need to be regylated more strongly than now.

• International Area Studies Review
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• v.22 no.2
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• pp.93-119
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• 2018

During the period from 2004 to 2013, the China's automobile consumer protection policy-making reflected interest articulation and aggregation among consumers, manufacturers, car dealership and repair companies. In particular, consumers has succeeded in articulating their interests in spite of their dispersed situation by making the efforts to present regulation's revision agenda through the China Consumers Association. And the car dealers put the right to blame the car manufacturers for unexpected vehicle defects into the final regulation through the China Automobile Distribution Association. Finally, due to the active interest articulation of automobile companies, policy making process was delayed or policies that were expected to benefit consumers were promoted to some extend. Therefore, it can be seen that there is a limit to define state-society relations in China simply as state corporatism, and rather it is more important to understand state-society relations in China as between state corporatism and societal corporatism including bottom-up interest articulations and aggregations and policy modification activities of various private or societal organizations.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.177-214
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• 2016

During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

• Journal of Family Resource Management and Policy Review
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• v.16 no.1
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• pp.149-175
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• 2012

The purpose of this study is to find out marital conflicts and coping strategies among married female immigrants and Korean men in multicultural families. The data were collected by in.depth interviews with 12 female immigrants and 5 Korean men. The major findings of this study are as follows: Female participants suffered from marital conflicts with their spouses, conflicts with mothers.in.law, stereotyped gender roles as a wife and a daughter.in.law, economic conflicts, and cultural differences between Korea and their country. In addition, male participants reported conflicts from economic support for their wife's family, gender role differences, and cultural differences. Coping strategies used to deal with the conflicts, such as mutual dedication and understanding their spouse's stance, and developing a compromise for the family's happiness were mentioned. A personal positive nature and attitude helped them to meet the marital conflicts. Supports from their husband, parents.in.law, and society also helped female immigrants to adapt to cultural differences. However, some of them used negative coping strategies which did not reduce conflicts, and resulted in separation and divorce. The coping strategies to deal with the conflicts depended on the participants' personal ability. While female participants who had English language skills took advantage to adapt to Korean society, those who did not have any other natural abilities could develop a definite position in their family and society with their diligence and positive attitude. The results showed that female participants who were supported by their family and society tended to cope successfully with conflicts and also showed that multicultural families' marital adjustment was maintained with their efforts as well as by relationships with their relatives and society.

• International Commerce and Information Review
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• v.5 no.2
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.83-114
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• 2001

This paper is focussed on the main features and problems of SGA amendment. main features and problems are as below. First, SGA section 14 uses a new term, that of "satisfactory quality", which is defined in a somewhat circular way and introduces some guidelines in order to solve other problems perceived as arising under the "merchantable quality". The change was largely to assist in the better resolution of consumer disputes and not necessary for commercial disputes because the change involves the substitution of a phrase which meant something but was inappropriate to commercial disputes. As with the definition of "merchantable quality", a court can take the new formulation as an invitation to start afresh; or it can refer to the previous case law. Second, before the SGA amendment, a contract for the sale of undifferentiated part of a bulk shipped or to be shipped on a named ship was a contract for the sale of unascertained goods. So the effect was that property could not pass to the buyer, even though he had paid the price in full, before the goods become ascertained. The main object of the SGA amendment was to improve the buyer's position where he had paid for a specified quantity of goods forming an undifferentiated part of an identified bulk and the seller then became insolvent before the goods for which the buyer had paid were ascertained. The improvement was achieved by making section 16 of the SGA 1979 subject to a new section 20A and includig section 20B, under which a buyer of a specified quantity bulk can acquire a proprietary interest in the bulk. This proprietary solution still has some problems in international sale of goods. Therefore, it would be more appropriated SGA should settle disputes between parties through payment, passing of risk, delivery of goods and/or documents etc. instead of property rights like UCC.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.117-144
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• 2013

After several bills for the reasonable medical dispute resolution had been proposed for over twenty years, "Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation" was eventually enacted on April 7, 2011 and came into effect from April 8, 2012. This study evaluates the achievements and results of the past year, suggesting the future improvements or tasks. The main issue of Act on Medical Dispute Mediation is Korea Medical Dispute Mediation and Arbitration Agency. Therefore, the success of the Act depends on the outcomes of Korea Medical Dispute Mediation and Arbitration Agency. Although the Act has been enforced for only one year, this paper examines the outcomes of the Agency with limited materials for its development. Korea Medical Dispute Mediation and Arbitration Agency was established for rapid, fair, and effective medical dispute resolution. Thus, the evaluation of the performances of the Agency is based on the 1) rapidness, 2) fairness, and 3) effectiveness of the dispute resolution. To sum up, the system earned positive evaluations as for the rapidness and fairness, but some problems were indicated with regard to the effectiveness. As the system of medical dispute mediation and arbitration in Korea has no parallel in the world, other countries show many interests in it. The rapid and fair medical dispute resolution is of benefit in both patients and medical institutes and decreases social costs. As the Act had a difficult passage through Parliament, it should be maintained and improved continuously.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.1013-1032
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• 2000

At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.