• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.177-213
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• 2011

The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• Journal of Service Research and Studies
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• v.11 no.4
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• pp.1-20
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• 2021

This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.27 no.4
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• pp.246-257
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• 2015

The progressive degradation paths of structures have quantitatively been tracked by using stochastic processes, such as Wiener process, gamma process and compound Poisson process, in order to consider both the sampling uncertainty due to the usual lack of damage data and the temporal uncertainty associated with the deterioration evolution. Several important features of stochastic processes which should carefully be considered in application of the stochastic processes to practical problems have been figured out through assessing cumulative damage and lifetime distribution as a function of time. Especially, the Wiener process and the gamma process have straightforwardly been applied to armors of rubble-mound breakwaters by the aid of a sample path method based on Melby's formula which can estimate cumulative damage levels of armors over time. The sample path method have been developed to calibrate the related-parameters required in the stochastic modelling of armors of rubble-mound breakwaters. From the analyses, it is found that cumulative damage levels of armors have surely been saturated with time. Also, the exponent of power law in time, that plays a significant role in predicting the cumulative damage levels over time, can easily be determined, which makes the stochastic models possible to track the cumulative damage levels of armors of rubble-mound breakwaters over time. Finally, failure probabilities with respect to various critical limits have been analyzed throughout its anticipated service life.

• Journal of Arbitration Studies
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• v.22 no.2
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• pp.53-77
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• 2012

Competence-competence refers to an arbitratorpower to determine whether he or she has jurisdiction to decide a controversy. Although arbitrators power to rule on their own jurisdiction is generally recognized throughout the world, in the United States, neither the courts nor legislative bodies have recognized its significance or the reasoning behind its widespread adoption. Section 3 of the Federal Arbitration Act (FAA) is notorious among arbitration statues for its failure to incorporate competence-competence. When courts rule on an issue of competence-competence, it is referred to as a question of who decides the arbitrability of the case. In the United States, the use of competence-competence as a term of art is still limited to scholarly writings. The answer to the competence-competence inquiry is found in an interpretation of section 3 of the FAA which empowers the courts to decide arbitrability issues. The cases of the Supreme Court and most commentators interpreted sections 2 and 3 of the FAA as conferring issues of arbitrability on the federal courts, including the ability to rule on the validity and scope of the arbitral agreement. Traditionally, United States courts have denied the competence-competence to arbitral tribunal. Recently, however, they have confounded the rules by placing primary importance on the arbitration agreement between the parties. The Supreme Court, in a series of cases, has underscored the necessity of giving full effect to the intentions of the parties as expressed in their agreement to arbitrate. The result of the Supreme Court's emphasis on contractualism in determining the issue of arbitrability is most evident in the Courtdecision in the First Options case. Under First Options, courts are to decide arbitrability issues unless there is a clear and unmistakable contractual assignment of these issues to the tribunal itself. The Court is appraised that it has attempted to compromise between contractual freedom in the arbitration setting and the rule of law that is necessary in a society that depends on the concept of ordered liberty. In the decision in Howsam, the Court clarified the definition of arbitrability by attempting to draw a clear line between questions of arbitrability that are to be decided by courts and those matters that bear on the allocation of decisions between courts and arbitrators but are not questions of arbitrability.

• Journal of Environmental Impact Assessment
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• v.24 no.4
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• pp.332-343
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• 2015

It would be the most effective way to have government take care of social problems and hazardous material danger due to odor. It is also well known that odor acceptance and their willingness to pay for resolving the odor problem vary person by person. This is why public sector's intervention is required to get ride of any possibility of market failure resulted from negative external effect of human. This paper has tried to do empirical research based on survey of residents who are currently living in the area of Ochang industrial complex in North Chong-chung province. According to the empirical research results, first of all, it was proven residents' perception of legal regulation has a negative effect on odor acceptance. That is, the more residents are aware of law and regulation, the less they tend to accept odor. In addition, resident's perception on need to improve odor regulation has a positive impact on their odor acceptance. Finally, residents' satisfaction on the legal complaints to local government has an interaction effect to causative relationship between the perception of improving odor regulation and odor acceptance.

• The Journal of Korean Academic Society of Nursing Education
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• v.6 no.2
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• pp.171-185
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• 2000

The twenty-first century may be said to be entering into a specialized qualification age to meet the needs of new technical innovations such as environmental changes, demographical changes, changes in the constitution of diseases, changes in the needs of the national health, reforms of information and knowledge, etc., which requires the provision of competitive services that can fulfill the high level needs of consumers. In consequence, it is needed to apply a practical nursing model that can serve as a guide for healthy society and to secure the sphere that can affect nursing policy-making by keeping pace with the changing environment. Furthermore, it is also urgent to expand more the activity sphere of nurse specialists with authority and autonomy, establish their legal foundation, establish a qualification accreditation system for nurse specialists, and develop educational programs. In Korea, the law relative to organ transplant past the national assembly on February 9, 2000, legally acknowledged brain death, which indicated to us the emergence of an age of organ transplant. Therefore, it necessitates to find out those of brain death from whom organ transplant is feasible in clinical practices, with their families' consent link to those terminal organ failure patients who are in need of an organ, and mediate both parties so that smooth transplant can be accomplished. A series of these complicated procedures require systematically trained specialists with high level techniques of organic management. With this in mind, this study was conducted on 69 clinical nurse specialists for organ transplant, accredited by the hospital, who are in active service in clinical practices. The resultant findings were revealed, as follows: 1. The qualifications of clinical nurse specialists for organ transplant should be accredited by Ministry of Health and Welfare or Korea Nurses Association. 2. The validity of qualifications should be for three years, and their renewal should be based on marks of a supplemental training or an education course for more than 12 hours a year. 3. The qualification of the clinical nurse specialist necessitates theoretical lectures and practices on those nurses who have had clinical experience in the pertinent field. 4. The course of training is required to be one year in the length of training and take more than 20 credits (320 hours) and 5 credits (240 hours).

• Journal of Korean Tunnelling and Underground Space Association
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• v.20 no.5
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• pp.787-807
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• 2018

When conducting the underground safety impact assessment under the special law in Korea, it is essential to investigate the occurrence of underground cavities. When underground cavities were discovered, the underground safety was assessed through numerical analysis. The previous study has suggested the stability evaluation based on the factor of safety by changing the 2D shape of the small underground cavity. In this study, the effects of small underground cavities considering 3D shapes were examined using a continuum analysis program and compared with the 2D results presented in previous study. If the 3-Dimensional shape of the underground cavity is found close to the sphere type, it would be reasonable to evaluate the factor of safety by the shear strength reduction method regardless of the size and position of the cavity. If a high-aspect ratio underground cavity with a depth of 2 m or more from the ground surface and an aspect ratio (a/b) of 2.0 or more is in the vertical direction, not only the factor of safety but the failure mode shape should be cautions in the stability evaluation using the shear strength reduction method. The results of this study are expected to be basic data on underground safety impact assessment.

• Journal of Korean Society of Forest Science
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• v.84 no.1
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• pp.48-62
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• 1995

In the paper, the forest policy of Korea during the period of 1906 to 1910 under the spheres of Japanese influence was revisited by considering the incident of attempting sales of the old Crown forest reserve in Wando to a Japanese business man with a failure and the national forest policies of the Residence General in Korea of the Japanese Imperial. The factors, both the internal and external, behind the scene of the incident are considered for the explanation for the development of the incident with the forest reserve in Wando. The forest policy during the period considered involves the exploitation of virgin forests in the northern provinces near the rivers bordered with China and Russia, the introduction of forest law, which is the first modern regulation enacted with the heavy influence of the Japanese interest in the colonization of Korea. The intentions of the Japanese Colonial Power for the exploitation of forest resources in Korea were interpreted by investigating the report on the situation of forest ownership in Korea prepared by Japanese forest officers who surveyed the Korean forest areas by sampling just before the beginning of colonization.

• Korean Journal of Comparative Education
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• v.28 no.4
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• pp.165-187
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• 2018

The main purpose of this study is to analyze the reform of deadministration of universities in China by the Cooper's 4-dimension of education policy theory. Based on the theory, the reform of deadministration was analyzed in four dimensions(normative, structural, constituent, and technical dimension). First, in the normative dimension, the Chinese university deadministration policy is fully guaranteed by law, and mainly aimed at "modernization of education management system and management ability". Second, in the structural dimension, a highly administrative management paradigm of universities has played an important role during the early stages of higher education development, but it now becomes one of the main obstacle to its further development. However, the Chinese university de-administration policy is a policy that has taken almost 60 years. Therefore, this problem must be solved step by step. Third, in the constituent dimension, although there were some differences in the attitudes towards "the administration" and "the de-administration" of Chinese scholars, university presidents and the public(students), most of them agreed on eliminating "the administration of universities." Fourth, in the technical dimension, Chinese central government and many universities have accumulated many achievements of "the deadministration policies" in management and practice, while some criticisms are heard, either. However, I hope that all reform cases, regardless of their success or failure, will become a model for future administrative reforms.