• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.119-139
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• 2022

Brain stimulation technology that administers electrical and magnetic stimulation to a brain has shown a significant level of possibility for treating a wide range of various neurological and psychiatric disorders. Depending on its nature, the technology is defined either as invasive or non-invasive, and deep brain stimulation (DBS) is one of the most well-known invasive brain stimulation technologies. Currently categorized as grade 4 medical device in accordance with Guideline On Medical Devices And Their Grades, a Notification of Ministry of Food and Drug Safety (MFDS), the DBS has been used as a stable treatment for several diseases. At the same time, the DBS technology has recently achieved substantial advancement, encouraging active discussions for its use from various perspectives. On the contrary, debates over legal regulation related to the use of DBS has relatively been smaller in numbers. In this context, this article aims to 1) introduce the DBS technology and its safety in setting out the tone; 2) touch upon major legal issues that would potentially rise from its use for four different purposes of treatment, clinical study, areas of non-standard treatment where no other methods are available, and enhancement; and finally 3) highlight disputes concerning common emerging issues observed in the aforementioned four purposes from the viewpoint of legal responsibility and liability of using the DBS, which are benefit-risk assessment, physicians' duty of information, patients' capacity to consent, control for device, and insurance coverage.

• Journal of Korea Trade
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• v.24 no.6
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• pp.101-114
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• 2020

Purpose - This paper examines the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region" (the Arrangement), which became effective on October 1, 2019, calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings. Because the Hong Kong courts have granted interim measures in aid of arbitral proceedings seated in and outside of Hong Kong even prior to the Arrangement becoming effective, this paper focuses on the significance of the Arrangement making Hong Kong the first and only seat outside of mainland China from which parties to arbitral proceedings may successfully obtain interim measures to preserve of assets, properties, and/or evidence from Chinese courts to be enforced in China. Design/methodology - The significance of interim measures in international arbitration and the existing circumstances of interim measures in support of international arbitral proceedings in mainland China and Hong Kong are discussed first in this paper. Due to the confidential nature of arbitral proceedings, while the details of applications for interim measures pursuant to the Arrangement cannot be discussed, in examining the implications of the Arrangement, the relevant and necessary information was made available from the Hong Kong International Arbitration Centre, as it is one of the six qualified arbitral institutions under the Arrangement. Findings - This groundbreaking Arrangement provides a mechanism for parties with China-related matters to more effectively resolve their disputes, the opportunity for Hong Kong to become an unparalleled seat of arbitration, and for mainland China to overcome some of its negative perceptions in international arbitration. Because the Arrangement also allows parties to directly apply for interim measures from mainland Chinese courts, parties with China-related matters should take note of this potential bypassing of the procedural hurdle, which usually requires an arbitral institution to submit such applications in China, and make strategic decisions accordingly as may be appropriate. Originality/value - Because the Arrangement is a recent yet a significant agreement calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings, this study will provide useful guidance for parties with China-related matters all over the world, especially in light of China's rapid economic growth and extensive and prominent trade relationships in today's world. Parties who foresee the need for interim measures from mainland Chinese courts should designate Hong Kong as their seat of arbitration and select one of the six qualified arbitral institutions under the Arrangement to administer their arbitral proceedings in order to benefit from the Arrangement.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.1038-1043
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• 2021

Guaranteed seafarer wage payment is essential to ensure a stable supply of seafarers. However, disputes over non-payment of wages to seafarers often occur. In this study, an automatic wage payment system was designed using a blockchain-based smart contract to resolve the problem of seafarers' wage arrears. The designed system consists of an information register, a matching processing unit, a review rating management unit, and wage remittance before deploying smart contracts. The matching process was designed to send an automatic notification to seafarers and shipowners if the sum of the weight of the four variables, namely wages, ship type/fishery, position, and license, exceeded a pre-defined threshold. In addition, a review rating management system, based on a combination of mean and median, was presented to serve as a medium to mutually fulfill the normal working conditions. The smart contract automatically fulfills the labor contract between the parties without an intermediary. This system will naturally resolve problems such as fraudulent advance payment to seafarers, embezzlement by unregistered employment agencies, overdue wages, and forgery of seafarers' books. If this system design is commercialized and institutionally activated, it is expected that stable wages will be guaranteed to seafarers, and in turn, the difficulties in human resources supply will be solved. We plan to test it in a local environment for further developing this system.

• Journal of International Area Studies (JIAS)
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• v.15 no.1
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• pp.83-108
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• 2011

South America has vast energy resources with the renewable and non-renewable sources. However, many countries in the region are unable to guarantee adequate energy security both of energy supply and demand. Currently the possibility of energy security is high through regional energy integration based on the potential economic benefits. The difference of regulation system with the individual countries in the region impose strong barriers to integration process. Security of energy supply and its demand as well is fundamental issues in this region and regional energy cooperation is essential for getting rid of the insecurity of energy supplies. Despite of this problem, currently Latin American countries made a great effort to make multilateral energy security regime through projecting great energy infrastructure network(e.g. IIRSA) or mechanism especially in South America, which can give countries access to the region's reserve supplies by providing regulations and pricing mechanism with a shared energy market in this region. Brazil's active leading in the formulation of such movement toward energy security integration and participation of energy infrastructure network is good initiative to enforce this great energy security change. Politically and economically, Brazil's geographical position and the level of market size and oil and natural gas resources, in addition the leadership in renewable energy sources make it a sound candidate to take over the coordination of the secure integration of region's energy market. However, on the conditions of existing many obstacles such as, control of the output of the region's power plant, energy flows, the environmental matter within local community must be overcome to make more advance process and steps. Finally, to secure more institutional approach, this region must settle regional disputes resolution regime urgently.

• Journal of the Korean Orthopaedic Association
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• v.54 no.2
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• pp.192-196
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• 2019

Iatrogenic calcinosis cutis is due to the intravenous administration of calcium gluconate or calcium chloride to treat hypocalcemia. The arthors report three cases of calcinosis cutis with calcifications involving the upper or lower extremities in neonates following the extravasation of calcium gluconate. Three neonates, a 2-week-old girl, 4-week-old boy, and a 4-week-old girl, were consulted for indurated nodules after the intravenous administration of calcium gluconate at the intensive care unit. Complete remission of palpable nodule and calcification was observed on the radiograph at three weeks, four weeks and six months after the initial presentation in each. All three neonates with iatrogenic calcinosis curtis were resolved spontaneously without functional and cosmetic complications. According to enhancement of the patient's cognition about benign disease, a suitable explanation of the disease and avoiding unnecessary treatment through an early diagnosis of iatrogenic calcinosis cutis will reduce a number of potential medical malpractice disputes.

• Korea Trade Review
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• v.42 no.2
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• pp.53-76
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• 2017

To solve the crisis of bill of lading, every effort has been made to introduce the electronic bill of lading and sea waybill on a global basis. In spite of these efforts, electronic bill of lading is not introduced practically so farm but sea waybill is used in western nations to cope with the crisis of bill of lading. But there is a practice that surrendered bill of lading is used insead of sea waybill in Korea, China and Japan to do so. The surrendered bill of lading faces the problem that it is not considered legally as bill of lading and the decisions rendered by each nation's courts are different according to the usages of surrendered bill of lading. So careful consideration must be made in regard to these decisions. The purpose of this paper is to avoid the disputes in advance in using the surrendered bill of lading by analyzing the precedents for the surrendered bill of lading and finding its notes. This paper analyzed the precedents regarding the surrendered bill of lading and found the notes as follows; Firstly, the surrendered bill of lading is not a kind of bill of lading but a practice that a consignee can take delivery of the cargo without loss of time at destination without redemption of original bill of lading. Secondly, the parties must take legal steps in using the surrendered bill of lading as the bill of lading acts cannot apply to the surrendered bill of lading. Thirdly, the parties should establish their practice in using the surrendered bill of lading. Fourthly, it is reasonable to use the sea waybill as a substitute for the surrendered bill of lading.

• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

• Korea Trade Review
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• v.43 no.4
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• pp.111-130
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• 2018

In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.5
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• pp.893-903
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• 2018

Rental housing complex is the complex built up for stable supply of residence for low income class and it offers significant implication to the Korean society in the residential welfare aspect, and as it has been the continuous subject of dispute and interest, such an issue has stirred significant interest on residential environment of low income class. It has made along with the residence history of Korea, but in the aspect of quality of life for low income class, there is a significant difference with generally supplied residence, and it ultimately continues with the disputes with the rights on quality of life for low income class. For this study, a total of six rental housing complexes were implemented with the field survey and it also had the survey on facility utility and physical environment. Use of facilities is influenced by the arrangement plan on physical environment of the complex, and in particular, it is influenced by the relationship of the main entry to the complex and surrounding complexes. In addition, following the level of design and facility plan of community space and it has confirmed the need to accommodate the request of users through securing the integrated function of community facilities.

• Korean Journal of Culture and Social Issue
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• v.23 no.2
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• pp.215-237
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• 2017

Most research on medical accidents is related to medical disputes and malpractice of relief system. Therefore, there is a lack of research which explores the psychological experiences of patients injured by medical accidents. The purpose of this study was to investigate Post Traumatic Stress Disorder (PTSD) of patients harmed by medical accidents and to examine the moderating role of social support on the relationship between clinicians' explanation and attitude and PTSD symptoms. A total of 180 patients were drawn from a medical accident organization and online communities related to medical accidents. Results showed that 171 (95%) of the subjects experienced full PTSD symptoms and their severity of the PTSD Symptoms was as high as those who experienced other severe traumatic events. Though the main effect of clinician's explanation and attitude on PTSD symptoms was not significant, the moderating effect of social support was significant in the relationship between clinicians' explanation and attitude and PTSD symptoms. In other words, when the level of social support was low, the poorer the explanation and attitude of clinicians, the more severe the symptoms of PTSD. Drawing from these results, psychological, social, and institutional strategies were suggested to alleviate and prevent PTSD symptoms of patients injured by medical accidents. Finally, limitations of this study and suggestions for future research were discussed.