• Fire Science and Engineering
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• v.19 no.2 s.58
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• pp.45-62
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• 2005

This thesis has defined the legal status of 119 rescue who plays a major role in the Korean prehospital emergency medical system and reviewed the various issues that may occur depending on work related legal liabilities. As a result, the purpose of this study was to represent the countermeasures for legal protection of 119 rescue required for the quality improvement of prehospital emergency medical system and as well as the countermeasures for risk management prepared for its related lawsuits. The legal liabilities of 119 rescue officers can be divided largely into public law liabilities and civil and criminal liabilities. In order to decrease the incidences of legal problems and provide the legal protection to rescue officers, the liability of supervising physician should be emphasized when the emergency medical practice is performed by a rescue officer under their supervision by consolidating medical control and the rescue officer should have legal liability on his emergency medical practice. itself Also, the emergency medical service guideline for 119 rescue officers should be prepared and their works should be performed according to such a guideline and procedures. In addition, the accurate legal documentation on emergency medical system from on-site to ER and related mobilization should be framed and preserved. Moreover, it is required to enact a new law such as the Good Samaritan Act or the Rescue Officers Protection Act.

• Journal of Korean Society of Disaster and Security
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• v.7 no.2
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• pp.17-24
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• 2014

Recently, many accidents occur frequently because sprinklers aren't installed or don't work right when there are outbreak of fire in houses and aggregate buildings. Therefore, they can result in damage for humans and loss of property. Sprinklers are the most appropriate which can extinguish buildings' fire in the initial stages. Through lack of legal system, in domestic cases, sprinklers cannot operate their inherent performance. Domestic standard simply classifies installation objects according to types of business and forms of buildings, also divides into uses and floors of buildings. Especially it only regulates that sprinklers must be installed every floors in particular fire buildings that have more than eleven floors. While it doesn't need to install sprinklers below ten floors, so we are threatened the safety. In this study, we derived causes and implications by analyzing concepts of sprinklers facilities, installation standards in domestic and foreign legal system, and recent cases that expanded damages in fire accidents because of weak point of installation and control standards. In domestic cases, as a result, government has to provide an institutional strategy and law that regulate duty to install sprinklers to all aggregate buildings regardless of floors in terms of new buildings. Also, if someone who has existing buildings wanted to install them, government would guarantee subsidy to encourage installation. In addition, government supervises fire-fighting activities when there are fire by compensating standards about regular inspection by a qualified technician, operation and maintenance of sprinklers as well as reinforcement of administrative criteria.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.589-616
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• 2016

The reviewing of an analysis of the Korea-China FTA due to guidance introduced for the new regulations or exceptional regulations compared to the KORUS, Korea-EU, Korea-ASEAN FTA. Commodity sectors in the Korea-China FTA and the KORUS, Korea-EU, Korea-ASEAN FTA(the majority in the country and trade criteria analysis result) compared and analyzed the results, rules of origin and the customs clearance procedures of origin, preferential tariff rate of origin and the origin preferential specific rules are somewhat difference, but customs and trade facilitation regulations are already quite consistent with the Korea customs system. Relatively important research results were as follows. First, the calculation of the regional value content in KORCHINA FTA is that I'm to use the deduction method can comprehensively reflect a regional value ratio, with respect to the materials acquired originating status as the FTA in the US and EU use the product non it's not to consider the value of the originating materials originating materials can be utilized for intermediate goods. Second, even if a non-treaty country in the middle with the exception of direct transport rules, and acknowledge the country of origin are under customs control, there are provisions for the period are temporarily stored in a non-treaty countries separately, that period goods imported into the non-treaty countries and up to three months from the day. If the situation of the occurrence of force majeure be greater than three months, but has so exceed six months. Third, the materials acquired originating status in the Korea-China FTA not to consider the value of non-originating materials used in its products as the KORUS FTA and Korea-EU FTA, that can be utilized originating materials for intermediate goods. It is expected that higher utilization of rules of origin. Meanwhile, Korea-China FTA has provisions to allow requests for preferential tariff applied on imports Customs declaration of intention to apply pre-condition for a preferential tariff applied to the importer. In other words, if the import customs tariff preference when applying post-intention not to advance is to be noted that any preferential treatment to prevent the later application.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.11
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• pp.104-109
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• 2017

The flooding and deterioration of water quality caused by urbanization and climate change are becoming more serious. In order to respond to this, studies on low impact development (LID) technology, which is designed to restore the hydrological system of the urban basin to its natural state, have been actively pursued all over the world, The announcement of the low carbon green growth law, hydrophilic area special law, etc., highlights the importance of technology such as the LID method. However, whereas various developments have been made in relation to the current LID element technology, there has been little research designed to verify its effectiveness. In this study, we analyzed the optimum spatial distribution of pitcher fire pitcher packing in parking lots using the K - LIDM model to verify the effectiveness of the low impact development (LID) method in the early stages. Using the eight package scenario and the three rain intensity scenarios, it was found that the lower 40% pitcher packaging results in an approximately 90% spill reduction effect, as in the case of the whole pitcher's package. The confirmation of these analyses and experimental verification is expected to ensure that the actual pitcher packaging will be used as a basis for arranging LID facilities such as urban planning and housing development in the future.

• The Journal of the Korea Contents Association
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• v.17 no.12
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• pp.180-190
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• 2017

This is Kangwon Land casino case due to the damages of betting money, which is likely to affect the contents industry in the future. The reason why the gambler and his family's suit is that why the manager did not control their own access or did not supervise the wagering rules. The provisions of the "Restriction on the amount of money to be paid to the casino" in the Article 14 of the Enforcement Decree of the Act on the Support for the Development of the Abandoned Mine Area are not intended to increase the duty of the casino managers. It is just one of many public regulations imposed. No matter what legislation is made for public interest, it can not be considered equally in the private duty. If so, too much effort will be required to enact or amend the public law and this makes the legislative activity impossible. The Act on the Restriction on Access to the Casino shall be construed accordingly. From the point of view of economic efficiency theory, if we overestimate statutory duties (liability for compensation) excessively, the price goes up on the market, and the volume of transaction decreases drastically. This reduces the economic utility of resources in the society as a whole (total output, foreign currency acquisition amount, etc.).

• Journal of Korean Medical classics
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• v.12 no.1
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• pp.197-224
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• 1999

The conception of 'earth(土)' belonging to the five evolutive phases(五行) is cognized that it is not partial to any side differing from other four phases and it can control other four phases so, it is the first gate to enter the process of changes. In the five organs(五臟), the spleen come under the earth phases and it have been very importantly considered for past to now in oriental medical history, for example by Li Dongyuan(李東垣). In this study, the results are summarized as the followings. 1. The term of the acquired constitution(後天) made by So-ong(邵雍), a scholar in the north so-dynasty, is used in the study of the book of changes(易經). And he said "The inborn constitution(先天) is the law of the nature itself and, the acquired constitution(後天) is the law of making the changes with the nature." In the myung-dynasty Li jungjae(李仲梓) made extract from this remarks 10 define that the spleen is the basis of the acquired constitution. So it considered that the the idea of changes(易) had an effect on the oriental medicine. 2. The one element of five phases, earth is the center of the changes and it composes the power of life with the sangsu(生數)-1, 2, 3, 4, and the sungsu(成數)-6, 7, 8, 9. In this process, the earth is the basis of the changes of the five phases. At the same time the spleen carry out the important physiological role in the humanbody controlling the other four organs. 3. In the change of the universe, the repetitionary movement of Yin(陰) and yang(陽) is the action of earth and it means illimitable division. In the course of this division all things change to new phases for example, the food changes 10 the ki(氣) through the action of spleen and stomach. So the organ of spleen and stomach is the space that the action of change occur. 4. Consequently the conception of bi(脾) is close to the pancreas that the spleen. And the duodenum is close to the conception of stomach because the space is the site of mito(未土). 5. The action of yin and yang in the ancient taegukdo(太極圖) is close 10 the connection of N-pole and S-pole. In the humanbody the two power is compared to the action of spleen and kidney, that means expansion and contraction. Also it means the inborn constitution and the acquired constitution so, it applyed to the all things in the universe.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.4
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• pp.1227-1240
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• 2014

Abandoned mines often cause environmental problems, such as alteration of landscape, metal contamination, and landslides due to a heavy rainfall. Geotechnical and rheological tests were performed on waste materials corrected from Imgi waste rock dump, located in Busan Metropolitan City. Debris flow mobility was examined with the help of 1-D BING model which was often simulated in both subaerial and subaqueous environments. To determine flow curve, we used a vane-penetrated rheometer. The shear stress (${\tau}$)-shear rate (${\dot{\gamma}}$) and viscosity(${\eta}$)-shear rate (${\dot{\gamma}}$) relationships were plotted using a shear stress control mode. Well-known rheological models, such as Bingham, bilinear, Herschel-Bulkley, Power-law, and Papanastasiou concepts, were compared to the rheological data. From the test results, we found that the tested waste materials exhibited a typical shear shinning behavior in ${\tau}$-${\dot{\gamma}}$ and and ${\eta}$-${\dot{\gamma}}$ plots, but the Bingham behavior is often observed when the water contents increased. The test results show that experimental data are in good agreement with rheological models in the post-failure stage during shearing. Based on the rheological properties (i.e., Bingham yield stress and viscosity as a function of the volumetric concentration of sediment) of waste materials, initial flowing shape (5 m, 10 m, and 15 m) and yield stress (100 Pa, 200 Pa, 300 Pa, and 500 Pa) were input to simulate the debris flow motion. As a result, the runout distance and front velocity of debris flow are in inverse propositional to yield stress. In particular, when the yield stress is less than 500 Pa, most of failed masses can flow into the stream, resulting in a water contamination.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.

• Journal of Digital Convergence
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• v.18 no.10
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• pp.95-105
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• 2020

The Hong Kong issue covered in the study refers to the problems caused by the various measures and policies taken by the Chinese government since Hong Kong's return to China on July 1, 1997, and the resistance and resistance shown by the Hong Kong people. Since Hong Kong's return The Chinese government carried out a policy of strengthening direct control over Hong Kong, and on June 30, 2020, the Standing Committee of the National People's Congress of China passed the Hong Kong National Security Act. This study will focus on the impact of the Hong Kong issue on Cross-Strait Relations. Through this, we will take a look at the application of the "one-country, two-system" policy, Taiwan and China's Unification Issues and the democratization of Hong Kong. This study predicts that after the passage of the "Hong kong National security law," the principle of "one-country, two-system" that China tried to apply to unification with Taiwan will be put into a big test, and that Cross-Strait Relations and U.S.-China relations will deteriorate. Tension will quickly arise around Northeast Asia in the future, and we should also analyze and prepare for it in various ways.