• Journal of the Society of Disaster Information
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• v.11 no.4
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• pp.515-519
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• 2015

87 and 104 cases of chemical accidents in 2013 and 2014 respectively have brought enormous damages to people and environment. Also, the industry has significant damages the company reputation and a lot of expense to repair the damage handling. Toxic substance has spread out rapidly in the atmosphere at chemical accidents and that affect to workers as well as neighborhood. In order to analyze the causes of chemical accidents throughly, reliable and systematic investigation procedure should be considered. In this study, the chemical accident investigation system of each government agency in charge of the accident investigation is compared and analysed.

• Journal of Industrial Convergence
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• v.21 no.2
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• pp.93-101
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• 2023

In this study, the physical and chemical fiber damage caused by knives, scissors, and chemicals was analyzed and used as technical data to determine the cause of the damage. Using 4 types of knives, 5 types of scissors and 4 types of chemicals(Sulfuric Acid, Hydrochloric Acid, Sodium Hydroxide, Potassium Hydroxide) physical and chemical to Cotton, Wool, Polyester, Rayon, T/C (Polyester 50%, Cotton 50%), T/W (Polyester 50%, Wool 50%) Damages were created and analyzed for damage caused by tools and chemicals. For penetrating damage caused by knives and scissors, 'V' type damage was generally seen when the blade part was penetrated, 'T', 'ㅁ', ''C' type damage was found, and in the case of scissors, 'Y' ' This type of damage was common. Fiber damage caused by chemicals showed various damage such as remanent trace, corrosion, degraded, contracting, and color changes. Physical damage of fibers showed differences in characteristics according to the shape characteristics of tools, and chemical damage showed differences in characteristics according to chemicals and types of fibers.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.3-36
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• 2023

The main issue in medical malpractice civil litigation is medical negligence and the causal relationship between medical negligence and damages. Regarding the presumption of causality in cases where medical negligence is proven, there is a previous Supreme Court decision 93da52402 on February 10, 1995, but it is difficult to find a case that satisfies the textual requirements of the above decision, and yet, in practice, the above decision is cited. In many cases, causal relationships were assumed, and criticism was consistently raised that it was inconsistent with the text of the above judgment. In its ruling, the Supreme Court reorganized and presented a new legal principle regarding the presumption of causality when medical negligence is proven in a civil lawsuit. According to this, If the patient proves ① the existence of an act that is assessed as a medical negligence, that is, a violation of the duty of care required of an ordinary medical professional at the level of medical care practiced in the field of clinical medicine at the time of medical practice, and ② that the negligence is likely to cause damages to the patient, the burden of proving the causal relationship is alleviated by presuming a causal relationship between medical negligence and damage. Here, the probability of occurrence of damage does not need to be proven beyond doubt from a natural scientific or medical perspective, but if recognizing the causal relationship between the negligence and the damage does not comply with medical principles or if there is a vague possibility that the negligence will cause damage, causality cannot be considered proven. Meanwhile, even if a causal relationship between medical negligence and damage is presumed, the party that performed the medical treatment can overturn the presumption by proving that the patient's damage was not caused by medical negligence. Meanwhile, unlike civil cases, the standard is 'proof beyond reasonable doubt' in criminal cases, and the legal principle of presuming causality does not apply. Accordingly, in a criminal case of professional negligence manslaughter that was decided on the same day regarding the same medical accident, the case was overturned and remanded for not guilty due to lack of proof of a causal relationship between medical negligence and death. The above criminal ruling is a ruling that states that even if 'professional negligence' is recognized in a criminal case related to medical malpractice, the person should not be judged guilty if there is a lack of clear proof of 'causal relationship'.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.345-366
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• 2014

Because the health care or medical sector has such characteristics as publicity, professionality, and exclusivity, it cannot be left to the free market system. As a consequence, the state has restricted the establishment of medical institutions in order to protect the life and health of people. Also, the medical law has regulated to permit the establishment of medical institutions by only medical personnel and a few corporate bodies and to ban the establishment of medical institutions under disguised ownership as well as double opening of medical institutions by medical personnel. Nevertheless, there are still many cases that non-medical personnel have dominantly established medical institutions under disguised ownership of other medical personnel or nonprofit corporation. Because they are willing to recover their investment costs as soon as possible, these illegally established medical institutions are likely to make patients undergo unnecessary tests or to perform the excessive treatments and, as a result, are likely to cause infringement on the health and lives of the people. In addition, even if the misconduct is uncovered, the rate at which the costs already paid is very low and, as a result, the damages are straightly connected to the people's loss. On the other hand, there are also increasing number of cases that medical personnel or nonprofit corporations are establishing medical institutions against the medical law regulations. The examples of this illegality are also the double opening of medical institutions and the establishment of medical institutions under disguised ownership by medical personnel or nonprofit corporations. And the damages in these cases may not differ from those in the above cases. In this study, regarding medical law regulations restricting opening a medical institution, I will review the intent of those regulations, the type of violations and criminal punishments, and the possibility of recovery from unlawful profit by the National Health Insurance Act. And then, I would like to find a way for rational improvement of each.

• Journal of Navigation and Port Research
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• v.34 no.3
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• pp.251-255
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• 2010

A marine accident is caused various legal liability such as compensation for damages on civil law, responsibility on the Criminal Code and administrative sanctions. The results occurred by any acts is not connected directly to the legal responsibility. As a prior condition for these legal liabilities, it is required the causation between the act caused and the occurrence of the effect. It is very difficult to find out the cause in marine accidents, because of trouble of a proof security, the place occurred, time difference between accident and investigation point of time etc.. However, finding out the correct cause is an element important to prevent similar accident and to determine the liability reverted. The logical concept of the causation is not limited, but there is early necessity to limit it in the liability reverted. Therefore, this study aims to suggest reasonable standard to determine liability reverted in marine accidents.

• Asia pacific journal of information systems
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• v.28 no.3
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• pp.154-166
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• 2018

As the number of online privacy incidents are increasing, lawsuits related with personal information infringements have been also growing as well. However, there are large differences between a plaintiff and a defendant to determine the amount of payment for damages from the incident. After the verdict was made, a plaintiff is not satisfied with the amount of compensation, whereas a defendant usually tries to their best to reduce the payment amount. This is because the value for personal information are hardly assessed exactly. In addition, there is no criteria for calculating the price of the information itself. Since the development of information technology enables the firms could collect and use any piece of information to identify a particular individual, the range of personal information has been also broadening. Based on these phenomenon, this study tries to grouping the types of personal information and exploring the perceived value of types of information. Therefore, this study could provide a foundation for narrowing the gap of the value of personal information between the firm and the defendant. Through AHP (Analytic Hierarchy Process), this study finds out that people usually value more on biometrics information, medical records, and criminal records whereas weigh less for email address and date of birth.

• Journal of Legislation Research
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• no.53
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• pp.593-631
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• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

• Korean Journal of Construction Engineering and Management
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• v.24 no.2
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• pp.50-58
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• 2023

Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

• Convergence Security Journal
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• v.16 no.6_2
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• pp.53-60
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• 2016

Security measures for the current insurance crime has focused on the capture oriented and reactive response in the screening stage of insurance payments. However, since leaving the damages that can not be healed by post-punishment, it is necessary to take measures to prevent the insurance crimes in advance. In this paper, I would like to try to identify problems through analyzing the characteristics and cases of the insurance crimes, and to present alternatives to it. The problems with the current insurance system that causes the insurance crimes are, First, When signing the insurance contract, it is too inattentive to confirm about the credit status of the policyholder, duplicate join or not, whether voluntarily sign up etc. Second, a thorough investigation or criminal charges in case of insurance accident is not being done properly. Third, information exchange and management to malicious policyholders is not being done properly. Therefore, in order to guard people from insurance crimes, First, it should strengthen the audit of such credit conditions, accident experiences in the insurance contract at the policyholders. Second, we need to block insurance crimes in advance through the continuous upgrades of insurance fraud analysis systems and social network. Third, it is necessary to strengthen the surveillance systems for the insurance crimes by the information sharing.

• KIPS Transactions on Computer and Communication Systems
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• v.2 no.12
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• pp.511-516
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• 2013

The cases of identification forgery and counterfeiting are increasing under the current identification system, which was established based on social conditions and administrative environments over 20 years ago. This leads to an increase of various criminal acts including illegal loan using fake ID and a number of damages caused out of good intentions that result in interference with the operations of public organizations. In addition, according to the advancement of information society, privacy protection has emerged as an important issue. However, ID card exposes individuals' personal information, such as names, resident registration numbers, photos, addresses and fingerprints, and thus the incidents associated with illegal use of personal information are increasing continuously. Accordingly, this study aimed at examining the issues of ID card forgery/counterfeiting and privacy protection and at proposing a next-generation identification system to supplement such weaknesses. The top priority has been set as prevention of forgery/counterfeiting and privacy protection in order to ensure the most important function of national identification system, which is user identification.