• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.119-136
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• 2001

The purpose of this paper is to consider how to decide the cause of loss or damage to the transport goods when maritime accident occurs. In marine insurance, the underwriter is liable for any loss or damage proximately caused by a risk insured(MIA Art.55). So it is very important to determine the proximate cause of loss or damage to ascertain whether it is to be recoverable under the policy. But there is no definite conception or rule what is the proximate cause. It was left to the tribunal as a question of fact. In this paper, I will suggest the general rules to determine the proximate cause of loss or damage of the transport goods in marine insurance. First, in MIA 1906, there is the rule of proximate causation and it has been established the effective causation by cases since 1918. Second, in Institute Cargo Clauses(B) & (C), there are rules of considerably relaxed standards to determine the causation of loss of or damage using the "attributable to" and "caused by" basis. Third, it is noted, under the complex causation situation, there are difference basises to decide the liability of underwriters between the case of successive occurrence of single risk and the case of concurrent occurrence of several risks. Forth, in practice, it couldn't be ascertained the underwrier's liability by a definite rule and it should be fully considered the circumstances and conditions of the loss.

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.195-204
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• 2007

It is a general principle that the plaintiff takes burden of proof about negligence and causation in a civil compensation litigation. And it is the same in a medical malpractice lawsuit. Korean courts have made diverse efforts to mitigate the plaintiff's duty to prove in medical malpractice lawsuits under the name of justice and impartiality. One of those theoretical attempt is 'presumption of causation'. The Supreme Court, since 1995, has developed a new logic for the theory of 'presumption of causation' which is characterized by a phrase "layman's common sense". The Court presumes the defendant's negligence and causation when the plaintiff alleges and proves the facts which can be pointed out and expressed by a layman with common sense. And if the defendant fails to prove that the result was caused by other fact than own medical activities, the defendant shall be defeated. I realize that this theory has problem for justice and impartiality. I would say that two fators should be considered and added to this logic. First,are defendant's acts generally belonging to gross negligence which would cause that kind of bad result? Second, is it recognized that there would be the causation generally and statistically between the cause and the result?

• Korean Journal of Logic
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• v.18 no.2
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• pp.265-289
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• 2015

The idea that an effect counterfactually depends on its cause is simple and intuitive. However, this simple idea runs into various difficulties. The active route account, in order to avoid the difficulties, analyzes causation in terms of counterfactual dependence under certain control. In her recent article, Seahwa Kim criticizes Sungsu Kim's earlier attempt to defend the active route account from its counterexamples. Her criticisms are convincing, and defenders of the active route account or counterfactual analysis of causation in general need another defense. In response, a two-step defense is proposed. First, the scope of the active route account is restricted to 'proximate' causal relation. Second, a control over factors that are in proximate causal relation is offered to figure out 'distant' causal relation. The result is that with proper control, an effect indeed counterfactually depends on its cause.

• Korean Journal of Construction Engineering and Management
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• v.8 no.1 s.35
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• pp.78-86
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• 2007

Top priority to manage construction projects is given to the planning and scheduling in order to keep the project duration, which is one of the most important factors in construction management. However, recently most of public construction projects especially for civil projects are delays and preventive research, many efforts were made concerning construction delays and preventive management methods. But analysis of delay causation, which is a main key to solve the problems is not done, yet. Therefore, in this research causation delays are analyzed by characteristics of construction projects, which are type of projects, type of contracts, project participants, and general condition. As a result of the analysis, delay causation are proved to be different by characteristics of the projects. The research results will be used for prevention of time extension and dispute resolution.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.3-28
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• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Sleep Medicine and Psychophysiology
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• v.20 no.1
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• pp.5-9
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• 2013

One of hypothesis is that sleep loss related to a decrease in serotonergic activity plays a significant role in attempted suicide. A growing evidence suggests that central serotonergic activity plays a key role in the etiology of suicide. It has been reported that the cerebrospinal fluid (CSF) levels of 5-hydroxyindoleacetic acid (5-HIAA), the main metabolite of serotonin, were reduced in suicide attempters. In addition, there is evidence that tryptophan hydroxylase is associated with suicide. The association between sleep and suicide was also suggested by some researchers. Several recent studies have showed the association between sleep disturbance and suicide rates in patients with mental disorders and in a general population. In addition, it has been suggested that serotonin plays a role in maintaining arousal and regulating muscle tone and in regulating some of the phasic events of REM sleep. Especially, it is well-known that 5-HT2 receptors are related to slow wave sleep. In conclusion, it is clear that sleep, serotonin activity, and suicide are linked, although the direction of causation needs clarification. In future, large population-based cohort studies are needed to demonstrate the direction of causation in the relationships between sleep, serotonin activity, and suicide.

• Asian Oncology Nursing
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• v.5 no.2
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• pp.146-158
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• 2005

Purpose: This study was to obtain a understanding of breast cancer women with high risk for hereditary cancer syndrome. Method: A micro-ethnography was used, including participation observation, open-ended in-depth interviews. Results: Two major arguments were derived. First, When Korean women at high risk to hereditary breast cancer make a decision about whether to take a genetic test, they are strongly motivated by a desire to preserve close kinship bonds and "family love" among their siblings, parents and children. Second, Even after genetic risk assessment and counseling services, Korean women at high-risk for developing a hereditary breast cancer who have been informed that they are mutation carriers, still hold onto previous beliefs about cancer causation. Their cancer prevention strategies are constructed according to their unchanged perceptions and beliefs about cancer causation. Conclusion: More sensitive genetic counseling program needs to be developed. Referral programs and clinical services must be attentive to cultural values and beliefs otherwise cultural attitudes and practices toward genetic counseling will not change.

• Human Ecology Research
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• v.59 no.1
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• pp.113-125
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• 2021

Previous research on the association between marriage and life satisfaction is limited due to the lack of attempts to investigate the time profiles of life satisfaction around marriage. This study addresses unresolved questions about the positive association between marriage and life satisfaction as well as tests if it is moderated by childhood parental divorce. Using 14 waves of the Korean Welfare Panel Study(N=3,890 individuals or 25,338 person-year observations), the author first used an ordinary least squares model with clustered standard errors and found that married people reported higher life satisfaction before marriage, compared to people who remained single during the survey. This result supports a social selection perspective. Next, the author used a fixed effects regression model and found that the transition into marriage was associated with an initial rise and subsequent decline in life satisfaction. Life satisfaction increased after reaching its lowest level in the third year of marriage. Life satisfaction after the transition into marriage was significantly higher than that observed three or more years prior to marriage. The result supports a social causation perspective. Such changing patterns were not moderated by parental divorce during childhood. This study advances the current literature on marriage and life satisfaction by using a nationally representative longitudinal data set as well as by testing social selection and causation perspectives.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.3-32
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• 2020

Under the Korean case law, physicians are obliged to disclose or inform the risk associated with a specific treatment to their patients before they perform the treatment. If they fail to do this, they are liable to compensate pain and sufferings. If the patient can establish that he or she would not have consented at all to the treatment had he or she been informed, the physicians are liable to compensate all the loss incurred by the treatment. In this article, the author examines the legitimacy of this case law from the perspective of legal doctrine as well as its practical affect on the medical practice and the furtherance of self-determination of the patient. The fundamental findings are as follows: The case law that has physicians who failed to inform treatment risk compensate pain and sufferings for the infringement of the right of self-determination seems to be a disguised and reduced compensation of all the loss based on the possible malpractice, which cannot be justified in view of the general principles of tort liability. It is necessary to adhere to the requirements of causation and imputation between the failure to inform treatment risk and the specific patient's consent to the treatment. If this causation and imputation is established, all the loss should be compensated. Otherwise, there shall be no liability. The so-called hypothetical consent defence shall be regarded as a part of causation between the failure to inform and the consent. The suggested approach can preserve the essence of physician-patient relationship and fit for the very logic of informed consent better.

• Safety and Health at Work
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• v.1 no.1
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• pp.87-97
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• 2010

Objectives: This study was conducted to investigate the effect of trust on work stress. Trust can be classified into three dimensions; social trust, institutional trust, and trust in others. The relationship between work stress and trust is regarded as having three components. First, trust has an influence on work stressors as an antecedent variable; secondly, trust modifies the effect of the various stressors, and finally, trust is one of the stressors. Methods: Data for this study was collected by interviews and self-administered structured questionnaires from 376 Korean and 77 Japanese workers in small businesses. Subjects were selected by two stage stratified random sampling from the working population of manufacturing industries. Results: Three different positions of trust are significantly related with the stress causation web. Social trust, institutional trust and trust in others significantly influence different work stressors in both Korean and Japanese workers. Three different kinds of trust influence work stressors among Korean workers, but institutional trust has no impact on work stressors among Japanese workers. As a moderating variable for perceived stress, distrust in an employer is statistically significant in both groups. However, stress symptom prevalence among Korean workers is modified by caution, trust in career development, and distrust in co-workers, but that of Japanese workers is modified only by distrust in employer. Job satisfaction of Korean workers is affected by general trust, utility of relation, institutional trust and trust in employer, but among Japanese workers, caution, reputation and trust in employer have influence on job satisfaction. Conclusion: The effect of trust on work stress, perceived stress, stress reaction and job satisfaction are different among Korean workers and Japanese workers. Three dimensions of trust have three different positions as antecedent, moderating and mediating factors in stress causation.