• Journal of Labour Economics
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• v.23 no.2
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• pp.1-37
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• 2000

Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.435-459
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• 2014

Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

• Agribusiness and Information Management
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• v.4 no.1
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• pp.24-31
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• 2012

This case study investigates the KIKO currency option that has been a social issue in recent years among developing countries, especially Korea, where the financial derivatives market is in a state of rapid growth. The forward transaction which becomes a basis of derivatives is intended to hedge risks that may be caused by a future change in asset prices. Although it originates from a simple form of agricultural transactions, there currently exists a variety of derivatives in more sophisticated forms. In the Korean agricultural industry, the need to use such derivatives is great, as there is a huge risk of price fluctuation in agricultural products due to frequent adverse weather. In addition, many developing countries with export-led industrial structures similar to Korea's, of necessity must resort to currency hedging as a method of reducing relevant risk. However, in most cases, the lack of understanding about financial derivatives results in an inappropriate application of these derivatives. The KIKO in this study represents such cases. Since 2007, KIKO has been sold in Korea to many small- and medium-sized export companies for the purpose of currency hedging when the exchange rate between the Korean won and the U.S. dollar was in a downward spiral. The main focus of this study is a case which is most representative of KIKO. As inflation rapidly increased during the financial crisis in the U.S. at the end of 2007, derivatives became a hot issue in the courts rather than in the financial markets. This case study investigates what KIKO and the fierce legal debates over it imply, from the perspective of the option of value evaluation in order to suggest not only a direction in which companies can utilize financial derivatives, but also a roadmap for the future derivatives market.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.33 no.6C
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• pp.512-519
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• 2008

The proof of a cellular phone used to a crime important data of a criminal investigation and legal judgment become. A lot of on a process use the file format that do not become that is kind of various cellular phones and model pipe, and collect criminal proof, and to analyze be difficult. Also, standardization is not made, and can be adopted on procedures from confiscation search processes regarding a cellular phone to integrity extractions of Forensic data in courts in the confiscation criminal investigation spots. Standardize confiscation search procedures of a cellular phone at these papers. Use a radio waves interception envelope and radio waves interception device for a movement which a security does integrity of criminal on-site cellular phone confiscation search data by standard procedures, and was devoted to. Analyze corroborative facts of a cellular phone seized, and verify integrity, and present problems regarding cellular phone confiscation search procedures and measures, and will contribute in development of Mobile Forensic through integrity damage experiment.

• Fire Science and Engineering
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• v.33 no.5
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• pp.109-117
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• 2019

When those who have caused a fire have no ability to compensate fire victims, the victims tend to charge fire agencies for state compensation to receive damage relief. This study analyzed two state compensation cases related to fires. The findings suggest that if there is a causal relationship between fire damage and mistakes committed by fire officials that are associated with fire prevention or special fire inspections, courts usually decide that fire agencies should compensate fire victims. Despite the introduction of a new article in the Framework Act on Fire-Fighting Services on December 26, 2017, titled "Exemption from Responsibility for Fire-Fighting Activities", exemptions are only available if inevitability of the activity has been proven. However, unlike rescue or first aid activity, inevitability is difficult to prove when it comes to fire inspection activity. Therefore, it is expected that state compensation suits related to fires will not decrease.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.337-372
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• 2003

Given the difficulties investors would encounter in pleading and proving their claims in court, they may well be better off in a system where less attention is paid to the law and more to the equities of the actual dispute before the arbitration panel. While this is not a system where accountability and predictability of results can be achieved, investors may fare better than they might expect. It follows then that if equitable considerations enhance rather than subtract from investors' chances of recovery, then investors need not worry about the consequences of the arbitrators' failure to apply the law. This article tracked the evolution of the arbitration process, through amendments to the pertinent securities arbitration codes of procedure, from an informal proceeding into a quasi-judicial one. Subsequently, I examined the practical difficulties arbitrators encounter in their efforts to apply the law. The Court in McMahon assumed arbitrators would apply the law and that the “manifest disregard” standard would provide sufficient judicial oversight to ensure that they did. But there is no meaningful review of arbitration awards to assure arbitrators are applying the law. Arbitration awards have no value as precedent for future arbitrations. Accordingly, there appears to be little reason to write such an award, particularly if the end result is an award immune from challenge no matter how the panel ruled. In these days, securities arbitration as a disputes resolution system is becoming a more popular practice. The trend of the courts in America has been to enforce arbitration agreements. Moreover arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. Therefore I think it would be necessary to introduce securities arbitration system to our disputes resolution system Compared to American practices, there could be, of course, many differences in recognition on arbitration and legal structure in our country. Thus it will be an assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.34 no.11
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• pp.1727-1732
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• 2010

Forensic engineering is the area of expertise of people qualified to serve as engineering experts in courts of law or during arbitration proceedings. An aerial-lifter can lift and carry load, including people, using power. Recently, failure of aerial-lifter internal parts while working and sweeping causing injuries and damage to property almost always generates conflict between the automaker and customer. Hence, the investigation of such events generally involves an engineering analysis. One of the possible reasons for accidents, such as a vehicle catching fire is the failure of oil pressure machine and the supporting pin. The results of formal inspections and engineering tests can reveal the cause for the failure of the mechanical parts. Therefore, the failure mechanism is analyzed by adopting fractography methods and by applying an instrumented indentation technique to compare the material properties of the reference part with those of the malfunctioning part.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.34 no.3
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• pp.255-261
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• 2010

Forensic engineering is the area of expertise of those qualified to serve as engineering experts in courts of law or arbitration proceedings. Especially failure of internal parts during vehicle fire accidents causing injuries and damage to property almost always generates conflict between the automaker and customer. Hence, the investigation of such events generally involves an engineering analysis. One of the possible reasons for such accidents caused by vehicle fire is the failure of the piston and connecting rod. By formal inspections and engineering tests, this study shows the results of investigation and the cause of failure of the mechanical parts. For this purpose the failure mechanism is analyzed by using fractography methods and by applying an instrumented indentation technique to compare the material properties of the reference part with those of the malfunctioning part.

• Journal of Fisheries and Marine Sciences Education
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• v.27 no.3
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• pp.791-803
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• 2015

This study aims to examine the influence of tennis instructors' coaching behaviors on the satisfaction with lessons and preference for instructors. In order to achieve this study objective, by using the quota sampling out of nonprobability sampling for tennis club members who are now(2015) actively involved in tennis courts located in Daejeon Metropolitan City and Chungcheongnam-do, and also receiving tennis lesson for more than six months or used to take lessons before, the 325 effective samples were used for data analysis. Using the SPSS Ver. 21.0 Window Program, the collected data went through frequency analysis, exploratory factor analysis, reliability analysis, t-test, one-way ANOVA, correlation analysis and multiple regression analysis, and the results are like below. Regarding differences of coaching behaviors depending on sex, first, there were significant differences in the factors like explanatory instruction, positive feedback and negative feedback. In case of differences in accordance with age, every factor showed significant differences. In regard of differences depending on academic background, there were differences in the factor of negative feedback while the factor of positive feedback showed differences in accordance with the experience of lesson. In case of differences depending on the level of athletic performance, there were statistically significant differences in the factors like explanatory instruction, questioning instruction and negative feedback. Second, the positive feedback, one of the sub-factors of coaching behaviors had positive influence on satisfaction with lesson while the explanatory instruction, one of the sub-factors of coaching behaviors had positive influence on preference for instructors. Lastly, the satisfaction with lesson had positive influence on preference for instructors.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.77-95
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• 2015

CISG provides a uniform framework for contracts of sale of goods between parties whose places of business are in different States. In 2004 South Korea became the 63th State around world to adopt CISG. Starting next year CISG goes into effect as the law that governs the contracts for international sale of goods, in respect of which CISG displaces the existing domestic civil and commercial codes of Korea. By its provision Article 1(a), CISG applies directly between Contracting States without reference to private international law. As South Korea's biggest trade partners including China, the U.S. and Japan are also parties to CISG, the number of such direct applications continuously increases. Now it is estimated, though roughly, that CISG governs about two-thirds of Korea's import and export trade of goods. The private survey of the author shows that up to now in South Korea there are 39 court cases decided by the first instance courts, 29 cases by the appellate court and six cases by the Supreme Court of South Korea. In nearly all these cases, CISG applied directly. Furthermore, currently CISG is, in several respects, influencing upon the revision of Korean civil code which is designed to modernize it: The revised draft published in 2013 adopts the rules on the revocation of offers provided in articles 15 and 16, the rule on the termination of offers provided in article 17 and the rule on the time that an acceptance takes its effect provided in article 18 of CISG. More importantly, in accordance with the rules taken by CISG, the revision draft no longer requires the existence of fault or negligence on behalf of the breaching party in order for the aggrieved party to void the contract, and the revised draft denies the right of avoidance for trivial, not fundamental, breaches of contract.