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Study on the Characteristic of Media Lawsuits by Public Figures and the Tendency of the Court Decisions in Korea: Focusing on the Decision about Defamation of Politicians and Senior Government Officials Since 1989 (공인의 미디어 소송 특징과 국내 판결 경향에 관한 연구: 1989년 이후 정치인 및 고위 공직자 명예훼손 판례를 중심으로)

  • Yun, Sung-Oak
    • Korean journal of communication and information
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    • v.40
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    • pp.150-191
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    • 2007
  • Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

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Economic Performance Test of Commercial Chickens (CC) Crossbred with Parent Stock (PS) of Korean Native Chicken (KNC) (토종 부모계통 종계 간 교배 실용계의 경제능력 검정)

  • Cha, Jae-Beom;Hong, Eui-Chul;Kim, Sang-Ho;Kim, Chong-Dae;Heo, Kang-Nyeong;Choo, Hyo-Jun;Oh, Ki-Seok;Kang, Bo-Seok
    • Korean Journal of Poultry Science
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    • v.43 no.4
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    • pp.207-212
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    • 2016
  • This work was carried out to investigate the ability of thirteen crossbreds for production of commercial chicken (CC) of Korean native chicken to be cut out for Korean circumstance. Total of one thousand three hundred of crossbreds were divided thirteen groups (100 birds/group) that were twelve groups (1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B) to crossbreed with two sires (A, B) and six dams (1, 2, 3, 4, 5, 6) of parent stock (PS) of Korean native chicken and one group (HH) as commercial Korean native chicken. Experimental diets were starter diet (0~7d; CP 22.0% ME 3,150 kcal/kg), early diet (8d~Wt 800 g; CP 19.0% ME 3,150 kcal/kg) and finished diet (Wt 800 g~12 wk; CP 18.0% ME 3,150 kcal/kg). Fertility of 1B group was higher than other groups. Hatchability per fertilization eggs and hatchability per setting eggs were 87.5~89% and 87.9~96.3%, respectively, and those of 4B and 6B groups were lower compared to other groups. Weekly body weight of HH group was lower than other groups. CV values of body weight of thirteen groups were showed over 12% as 12.5~18.2%, and especially, those of 2B, 3B, 5B, HH groups were lower compared to other groups. Weekly feed conversion ratios (FCRs) of 13 crossbreds were 1.7~2.3, 2.1~2.5, 2.4~2.7 and 2.7~3.2 at the age of 6, 8, 10 and 12 weeks, respectively. Weekly production indexes of 2A, 3A and HH groups were the lower than other groups and those of thirteen groups decreased following weeks. Feed costs per body weight gain (kg) were 1,069~1,255 won, 1,100~1,263 won, and 1.468~1,696 won at starter, earlier and finished period of broilers. These results leaded down to conclusion to be possible selection of new Korean native commercial chicken that have the excellent performance and economics.

A Study on Marketing Strategy of MIM Emoticon Using Customized Bundling (맞춤 번들링을 활용한 MIM 이모티콘 마케팅 전략에 관한 연구)

  • Heo, Su-Chang;Jeon, Gyeahyung;Heo, Jae-Kang
    • Management & Information Systems Review
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    • v.38 no.4
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    • pp.1-24
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    • 2019
  • This study confirms the responses of consumers when the composition of emoticon bundles can be selected by individuals in MIM service. This aims to verify that customized bundling is a valid marketing strategy in the MIM emoticon market. Currently, the emoticon bundling used in Korean MIM services is in the form of pure bundling. As a result, Consumers must purchase an entire bundle even though he/she doesn't need to use all the emoticons contained in it. Some researches(e.g. Hitt & Chen, 2005; Wu & Anandalingam, 2002) show that when consumers value only part of the products or services included in pure bundling, customized bundling is much more profitable. In their works, customized bundling is appropriate when marginal costs are near zero. Information goods, such as emoticons, meet the condition. On the other hand, customized bundling increase the choosable options, so it can pose a problem of complexity (Blecker et al., 2004). And consumers may experience information overload(Huffman & Kahn, 1998). Thus, judgement on the necessity to introduce customized bundling needs to be made through empirical analyses in the light of characteristics of the product and the reaction of consumers. Results show that when customized bundling was introduced, consumers' purchase intention and willingness to pay significantly increased. Purchase intention for customized bundles has increased by 0.44 based on the five point Likert scale than the purchase intention for existing pure bundles. The increase in purchase intention for customized bundles was statistically independent of the existing purchasing experience. In addition, the willingness to pay was increased by about 2.8% compared to the price of the existing emoticon bundles in the whole group. The group with experience in purchasing pure bundles were willing to pay 5.9% more than pure bundles. The other group without experience in purchasing pure bundles were willing to buy if they were about 5% cheaper than the existing price. Overall, introducing customized bundling into emoticon bundles can lead to positive consumers responses and be a viable marketing strategy.

Enhanced PHB Accumulation in Photosystem- and Respiration-defective Mutants of a Cyanobacterium Synechocystis sp. PCC 6803 (Synechocystis sp. PCC 6803의 에너지 대사 결함 돌연변이 균주에서의 Poly(3-hydroxybutyrate) 축적량 증진)

  • Kim Soo-Youn;Choi Gang Guk;Park Youn Il;Park Young Mok;Yang Young Ki;Rhee Young Ha
    • Korean Journal of Microbiology
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    • v.41 no.1
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    • pp.67-73
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    • 2005
  • Photoautotrophic bacteria are promising candidates for the production of poly(3-hydroxybutyrate) (PHB) since they can address the critical problem of substrate costs. In this study, we isolated 25 Tn5-inserted mutants of the Synechocystis sp. PCC 6803 which showed enhanced PHB accumulation compared to the wild-type strain. After 5-days cultivation under nitrogen-limited mixotrophic conditions, the intracellular levels of PHB content in these mutants reached up to $10-30\%$ of dry cell weight (DCW) comparable to $4\%$ of DCW in the wild-type strain. Using the method of inverse PCR, the affected genes of the mutants were mapped on the completely known genome sequence of Synechocystis sp. PCC 6803. As a result, the increased PHB accumulation in 5 mutants were found to be resulted from defects of genes coding for NADH-ubiquinone oxidoreductase, O-succinylbenzoic-CoA ligase, photosystem II PsbT protein or histidine kinase, which are involved in photosystem in thylakoid inner membrane of the cell. The values of $NAD(P)H/NAD(P)^+$ ratio in the cells of these mutants were much higher than that of the wild-type strain as measured by using pulse-amplitude modulated fluorometer, suggesting that PHB synthesis could be enhanced by increasing the level of cellular NAD(P)H which is a limiting substrate for NADPH-dependent acetoacetyl-CoA reductase. From these results, it is likely that NAD(P)H would be a limiting factor for PHB synthesis in Synechocystis sp. PCC 6803.

Studies on a Feasibility of Swine Farm Wastewater Treatment using Microbial Fuel Cell (미생물연료전지의 가축분뇨 처리 가능성 연구)

  • Jang, Jae-Kyung;Kim, Se-Hee;Ryou, Young-Sun;Lee, Sung-Hyoun;Kim, Jong-Gu;Kang, Young-Goo;Kim, Young-Hwa;Choi, Jung-Eun
    • Microbiology and Biotechnology Letters
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    • v.38 no.4
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    • pp.461-466
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    • 2010
  • In this study the feasibility of simultaneous electricity generation and treatment of swine farm wastewater using microbial fuel cells (MFCs) was examined. Two single-chamber MFCs containing an anode filled with different ratio of graphite felt and stainless-steel cross strip was used in all tests. The proportion of stainless-steel cross strip to graphite felt in the anode of control microbial fuel cell (CMFC) was higher than that of swine microbial fuel cell (SMFC) to reduce construction costs. SMFCs produced a stable current of 18 mA by swine wastewater with chemical oxygen demand (COD) of $3.167{\pm}80\;mg/L$ after enriched. The maximum power density and current density of SMFCs were $680\;mW/m^3$ and $3,770\;mA/m^3$, respectively. In the CMFC, power density and current density was lower than that of SMFC. CODs decreased by the SMFC and CMFC from $3.167{\pm}80$ to $865{\pm}21$ and $930{\pm}14\;mg/L$, achieving 72.7% and 70.6% COD removal, respectively. The suspended solid (SS) of both fuel cells was also reduced over 99% ($4,533{\pm}67$ to $24.0{\pm}6.0\;mg/L$). The concentration of nutritive salts, ${NH_4}^+$, ${NO_3}^-$, and ${PO_4}^{3-}$, dropped by 65.4%, 57.5%, and 73.7% by the SMFC, respectively. These results were similar with those of CMFC. These results show that the microbial fuel cells using electrode with mix stainless-steel cross strip and graphite felt can treat the swine wastewater simultaneously with an electricity generation from swine wastewater.

Characteristics of bioethanol production using sweet sorghum juice as a medium of the seed culture (단수수 착즙액이용 배양종균의 바이오에탄올 생산 특성 연구)

  • Cha, Young-Lok;Moon, Youn-Ho;Yu, Gyeong-Dan;Lee, Ji-Eun;Choi, In-Seung;Song, Yeon-Sang;Lee, Kyeong-Bo
    • Journal of the Korean Applied Science and Technology
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    • v.33 no.4
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    • pp.627-633
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    • 2016
  • Sweet sorghum [Sorghum bicolor (L)] is one of the major crops for biofuels such as sugarcane and sugar beet which raw materials rich in saccharide. Sweet sorghum juice was extracted from the stem. It's composed of fermentable sugars such as glucose, fructose and sucrose. Ethanol from the extracted sweet sorghum juice can be easily produced by yeast fermentation process. Sweet sorghum juice is consisted of not only sugars but also various nutrients like nitrogen and phosphate. For commercial production of bioethanol, seed culture is one of the important parts of fermentation, so that optimal culture medium should be selected for the reduction of processing costs. In this study, sweet sorghum juice was estimated as a culture medium for seed culture of cellulosic bioethanol. For the comparison of cultures with various substrates, it used YPD including each 5 g/L yeast extract and peptone, sweet sorghum juice and hydrolyzed Miscanthus was taken part in the culture with 2%, 5% and 10% sugar conditions. Based on media of YPD and sweet sorghum juice, cell-mass concentration was obtained maximum more than $2.5{\times}10^8CFU/mL$ after 24 h of cultivation. Consequently sweet sorghum juice is suitable for the cell culture with more than $1.0{\times}10^8CFU/mL$ after 12 h of cultivation. This can be used as a culture medium for the cellulosic bioethanol industry.

The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.169-205
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    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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A Study on the Analysis of Difference between IT and Non-IT Companies on the Consumer Dispute Resolution System's Continuous Use Intention -Focusing on Korean Small and Medium Enterprises (소비자 분쟁처리시스템 지속사용의도에 대하여 IT기업과 비IT기업 간의 차이분석에 관한 연구 -한국 중소기업을 중심으로)

  • Jung, Soo-Yong;Shin, Yong-tae;Han, Jeong-Hoon;Lee, Sung-Hoon
    • Journal of Digital Convergence
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    • v.15 no.12
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    • pp.203-212
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    • 2017
  • This research analyzed the factors that have the influences on the intentions to use the consumer dispute settlement system for the small- and medium-sized corporations. The consumer dispute settlement system is a general Internet information portal service which enables the small- and medium-sized corporations and the small businesses receive the support for the accurate damage handling method and the legal service through the Internet in their disputes with the black consumers or the consumers. With the small- and medium-sized corporation users who use the consumer dispute settlement system as the subjects, the research took a lot at what influences the consumer dispute settlement system has on the quality of the information, the quality of the system, the ease-of-use regarding which the environmental factors are perceived, and the ease that was perceived and, finally, what influences it has on the intention of the use. The accuracy, the convenience, and the costs of the consumer dispute settlement system had the positive influences on the ease-of-use that was perceived and the accuracy and the convenience, also had the positive influences on the usefulness that was perceived. Also, it was verified that the ease-of-use of the consumer dispute settlement system that was perceived and the usefulness of use of the consumer dispute settlement system that was perceived finally had the positive influence relationships with the intention of the use. It is highly expected that if, based on the results of this research, the quality of the consumer dispute settlement system is maintained and supplemented to fit the priority order, there will be the maintenance of, and the development toward, a system that is even more improved than the previously existent system.

Experimental Study on Structural Behavior of Precast PSC Curved Girder Bridge (프리캐스트 PSC 곡선 거더교의 구조거동에 대한 실험적 연구)

  • Kim, Sung Jae;Kim, Sung Bae;Uhm, Ki Ha;Kim, Jang Ho Jay
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.34 no.6
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    • pp.1731-1741
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    • 2014
  • Recently, many overpasses, highway, and advanced transit systems have been constructed to distribute the traffic congestion, thus small size of curved bridges with small curvature such as ramp structures have been increasing. Many of early curved bridges had been constructed by using straight beams with curved slabs, but curved steel beams have replaced them due to the cost, aesthetic and the advantage in building the section form and manipulating the curvature of beams, thereby large portion of curved bridges were applied with steel box girders. However, steel box girder bridges needs comparatively high initial costs and continuous maintenance such as repainting, which is the one of the reason for increasing the cost. Moreover, I-type steel plate girder which is being studied by many researchers recently, seem to have problems in stability due to the low torsional stiffness, resulting from the section characteristics with thin plate used for web and open section forms. Therefore, in recent studies, researchers have proposed curved precast PSC girders with low cost and could secured safety which could replace the curved steel girder type bridges. Hence, this study developed a Smart Mold system to manufacture efficient curved precast PSC girders. And by using this mold system a 40 m 2-girder bridge was constructed for a static flexural test, to evaluate the safety and performance under ultimate load. At the manufacturing stage, each single girder showed problems in the stability due to the torsional moment, but after the girders were connected by cross beams and decks, the bridge successfully distributed the stress, thereby the stability was confirmed. The static loading test results show that the initial crack was observed at 1,400 kN when the design load was 450 kN, and the load at the allowable deflection by code was 1,800 kN, which shows that the safety and usability of the curved precast PSC bridge manufactured by Smart Mold system is secured.