• Korean Journal of Social Welfare
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• v.56 no.3
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• pp.227-251
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• 2004

The objective of this study is to explore the characteristic of welfare for the disabled on the focus of 'Welfare Law for the Disabled' through multiple paradigm of disability. A proper understanding of disability theory requires more than a distinction between individual and social model approaches. It is also helpful to distinguish between materialist and idealist explanations. These two dimensions are used to generate a four-fold typology. In 'Welfare Law for the Disabled of 1981', individual materialist position was dominated. In 'Welfare Law for the Disabled of 1989', individual idealist position dawned to appear. In 'Welfare Law for the Disabled of 1999' which expanded diverse community services, individual idealist position was strengthened and social creationist position started to appear. Several characteristics are found out after analysis of 'Welfare Law for the Disabled of 1999'. Individual materialist position, individual idealist position, and social creationist position are mixed. Though the goal of the law is based on social creationist position, the central policies and measures are based on individual materialist position and individual idealist position. So it is necessary to amend 'Welfare Law for the Disabled' in the direction of including social creationist position and social constructionist position.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.275-302
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• 2013

The Unites States has been plagued with soaring health care costs and an alarmingly large number of uninsured population. The Patient Protection and Affordable Care Act of 2010 ushered in the most sweeping health care reform in the United States since the introduction of Medicare and Medicaid in 1965 to address these issues. The law's requirement for individuals to purchase health insurance (the so-called "individual mandate"), however, not only caused a political stir but also prompted constitutional challenges. Some questioned whether the federal government, lacking general police power, could require its citizens to buy unwanted insurance based on its enumerated powers under the U.S. Constitution. This paper summarizes the decision of the U.S. Supreme Court on the constitutionality of individual mandate, and explores how the decision relates to Korea's own universal health care.

• Korean Journal of Ecology and Environment
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• v.45 no.4
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• pp.420-443
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• 2012

An Individual-Based Model (IBM) was developed by employing natural and toxic survival rates of individuals to elucidate the community responses of benthic macroin-vertebrates to anthropogenic disturbance in the streams. Experimental models (dose-response and relative sensitivity) and mathematical models (power law and negative exponential distribution) were applied to determinate the individual survival rates due to acute toxicity in stressful conditions. A power law was additionally used to present the natural survival rate. Life events, covering movement, exposure to contaminants, death and reproduction, were simulated in the IBM at the individual level in small (1 m) and short (1 week) scales to produce species abundance distributions (SADs) at the community level in large (5 km) and long (1~2 years) scales. Consequently, the SADs, such as geometric series, log-series, and log-normal distribution, were accordingly observed at severely (Biological Monitoring Working Party (BMWP<10), intermediately (BMWP<40) and weakly (BMWP${\geq}50$) polluted sites. The results from a power law and negative exponential distribution were suitably fitted to the field data across the different levels of pollution, according to the Kolmogorov-Smirnov test. The IBMs incorporating natural and toxic survival rates in individuals were useful for presenting community responses to disturbances and could be utilized as an integrative tool to elucidate community establishment processes in benthic macroin-vertebrates in the streams.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.129-146
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• 2002

The electronic technology development have occurred in the face of existing legal barriers to legal efficacy of computer information goods, and the liberating promise of electronic transactions cannot fully realized unless there is predictability in the legal rules that govern such transactions. This study analyzes some theoretical fundamentals of the Act. First, it proposes that the Act clarify and set forth uniform legal principles applicable to computer information transactions. Secondly, it suggests that if the individual is risk averse, the acceptance set for electronic transactions will be a convex set, and that the application of the Act will make the acceptance set more expanded by lowering the probability of conflicts and by downsizing the risk averness. Thirdly, it also suggest that through the mothod of contingent commodities analysis, the application of the Act by means of its restricted regulations will give more expected utility than the absence of the Act. Fourthly, it derives some implications that the degree of legitimate restriction will be affected by the objective risk inherent to the electronic transactions, and the individual's subjective risk-averseness. Finally, it concludes that harmonization of restriction and protection of individual's rights in electronic transaction process will be a necessary condition for more efficient body of law from the law-economic perspectives.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.151-171
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• 2010

This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

• Journal of Fashion Business
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• v.13 no.4
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• pp.37-50
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• 2009

Recently, as individual 3D avatars are rapidly generalized in internet sites, its commercial applications for fashion business are being tried in ubiquitous fashion shopping era. In this research, we have investigated and analyzed patent problems of 3D avatar including personal body data to activate the fashion business using 3D avatars. Here, considering the patents for 3D face and body generation methods are already published, this research is focused on whole 3D body avatar obtained from individual body information. Firstly, definition of 3D avatar and its application cases have been investigated and then it has been researched whether or not legal protections by patent law, copyright law, computer program protection law, design protection law and fair competition laws are feasible in view of the subjects to be protected in each law and requirements for such protections. It was revealed that patent law may provide legal protections for 3D avatar and domestic and foreign patents related to 3D avatar have been researched.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.3-35
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• 2017

For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

• International Journal of Advanced Culture Technology
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• v.12 no.1
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• pp.144-157
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• 2024

This study examines the relationship between intrinsic motivation and individuals' performance in the Republic of Korea armed forces and explores whether job stress mediates the relationship between intrinsic motivation and individuals' performance. The research questions are: (1) Does intrinsic motivation influence individual performance in military organizations? (2) Does job stress impact individual performance? and (3) Does job stress mediate the relationship between intrinsic motivation and individual performance? The study utilizes data collected from a 350 soldiers survey in the Special Forces Brigade and Special Assault Commando Regiment of the Republic of Korea's Army. We use structural equation modeling (SEM) to explore the mediation role among intrinsic motivation, job stress, and individuals' performance. Research findings suggest that intrinsic motivation negatively impacts job stress. We also find that job stress has a positive effect on firearm skills. Moreover, the study reveals that the relationship between intrinsic motivation and firearm skills is partially mediated by job stress.

• Advances in aircraft and spacecraft science
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• v.1 no.2
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• pp.177-196
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• 2014

A theoretical exploration for determining the characteristic length of the cohesive zone for a double cantilever beam (DCB) specimen under mode I loading was conducted. Two traction-separation laws were studied: (i) a law with only a linear elastic stage from zero to full traction strength; and (ii) a bilinear traction law illustrating a progressive softening stage. Two analytical solutions were derived for the first law, which fit well into two existing solution groups. A transcendental equation was derived for the bilinear traction law, and a graphical method was presented to identify the resultant cohesive zone length. The study using the bilinear traction law enabled the theoretical investigation of the individual effects of cohesive law parameters (i.e., strength, stiffness, and fracture energy) on the cohesive zone length. Correlations between the theoretical and finite element (FE) results were assessed. Effects of traction law parameters on the cohesive zone length were discussed.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.149-179
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• 2010

In November 2007, the Korean Constiutional Court held that a joint penal provision in which the individual employer is punished when his or her employee is determined to have committed a crime was unconstitutional, because the joint penal provision had no contents for the culpability of an individual employer and thus violated the constitutionally protected principle of culpability. After the Korean Constitutional Court's judgment, since December 2008 the Ministry of Justice began to change the old joint penal provision into the new revised joint penal provision. On January 2010, the old joint penal provisions of 110 laws were revised. The new revised joint penal provision adds only an additional sentence: "If a juristic person, an entity or an individual perform due care and supervision over its employee for the prevention of such a crime, it will be exempted from the punishment". But an presumption of negligence clause that is added in the new revised joint penal provision is still vacuum in concerned with supervision responsibility. Probably the new form of penal provision, that is understood to be a kind of the presumption of negligence, could let the burden of proof be changed from the public prosecutor to the accused, in other words employer-side. Especially, when joint penal provision is applied to hospital as administrative punishment, according to the hospital is a (juridical) foundation or not, the application of the joint penal provision is different and unfaithful. In my opinion, therefore, a corporation liability could be considered according to various liability of employee's business and the crime its employee committed because of an organizational failure of the corporation.