• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.169-189
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• 2006

In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.

• Korea Journal of Hospital Management
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• v.18 no.3
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• pp.106-125
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• 2013

Medical litigation, as a method of resolving medical disputes, has been a huge burden on both the patient and medical institution as it is both costly and time-consuming. The Korea Medical Dispute Mediation and Arbitration Agency has created a dispute mediation process as a method of alternative dispute resolution(ADR). Being in its early stage of implementation, there are still areas requiring improvement as some functions overlap with the Korea Consumer Agency's damage redress and mediation process. This study examines the problems of existing practices in medical litigation while reviewing the mediation process of the two agencies from legal/administrative aspects, and provides an in-depth analysis of the situation through case studies and interviews. While the Korea Medical Dispute Mediation and Arbitration Agency offers many advantages in resolving medical disputes, there must be a distinct division of roles and mutual cooperation with the Korea Consumer Agency. Considering the increasing amount of compensation in medical disputes, medical professionals are being requested to carry medical malpractice insurance. However, this has yet to become a general trend in the medical field despite the growing social demand. As such, the coverage of medical malpractice insurance should be expanded to prevent medical accidents from escalating into medical disputes, thus acting as a social safety net. This study seeks to examine the methods of medical dispute resolution and to allow institutional provisions to reduce the social costs arising from such disputes.

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.171-205
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• 1993

On the contrary to the general principle of private law, carriers' liability for passengers and cargo owners have been quantatively limited in some cases. The author traces the rule of liability limitation in the law of Korea and United States to verify two hypotheses. The first hypothesis is that the rule of liability limitation has been introduced to motivate investment when new technology with high risk has been adopted in business. The second hypothesis is that the rule of liability limitation can be maintained only when damages have been fully compensated. The former is a necessary condition for liability limation, and the latter sufficient condition. There are strong evidences for the first hypothesis. Navigation or aviation, artificial satellite lauching, urban transportation system are good examples. The second hypothesis is supported by the fact that there have been continuous controversies on the Warsaw System, including the failure of ratification of Montreal Additional Protocols No.3 & 4 by the U.S. Senate and voluntary removal of liability limitation by the Japanese airline companies. Loss of cargo can be compensated fully, but damages from personal injury and death not. The value of human body and life is not easy to be estimated. Passengers, moreover, do not usually buy insurance for accidents in travel. Passengers do not accept insurance premium as the cost of being whole and alive. They do not accept accident rates realistically. They have no bargaining power in dealing with insurers. The rule of liability limitation in personal losses would not be supported in future because damages have not fully compensated.

• The Korean Journal of Emergency Medical Services
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• v.1 no.1
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• pp.71-86
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• 1997

This study is to suggest some developmental policies by analyzing the activities of first aid party in Kwangju and Chonnam regions for two years from Jan. 1, 1991 to the end of December, 1995. First, the residents in Kwangju and Chonnam regions have the sufficient benefits of emergency medical center, but it will be desirable that general hospital should be established and managed in Kohung peninsula which forms the wide island area far away from big cities. Second, the classification of the degree of severe case in the field by rescue members should be strengthened as the means which can reduce the number of patients transferred to the emergency room and the legal method which rescue members can select the medical agency. Third, children less than 10 are most frequent emergent patients and it is due to parent's indifference and children's in sensibility to safety. So the safely education in the course of infant and elementary education should be strengthened and the method which can keep the self safety through the legal system. Fourth, to increase the rate of emergency measure by rescue members, the reasons of fail of emergency treatment are suggested, the treatment results of each rescue member are analyzed every year and it is desirable that the system which can evaluate the personal ability should be introduced. Fifth, the medical accidents occurred in the case of medical act, by rescue members must lake the legal responsibility, but such a problem can he solved with the compensation of insurance system by government. Sixth, to reduce the time required for transfer, traveling service system for the fixed period in beach should be complemented and extended more and service system at ordinary times should be examined at mountains, the area of traffic jams and large special industrial park. Seventh, since service system with one team of two members of 119 rescue party in expressway cannot be mobilized when multiple accidents occur at the same time, it is considered that service system of two teams of four members should be extended. Eighth, first-aid service in expressway is conducted with rescue and emergency treatment by the rescue party at the same time, but the professional rescue lacks and it may result in the injury of patients. Therefore the creation of rescue party in expressway is the urgent problem.

• Journal of the Korean Society of School Health
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• v.24 no.1
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• pp.12-22
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• 2011

Purpose: The purpose of this study was to identify incidence of nonfatal unintentional injuries (accidents) among students, and to investigate compensation payment for five years (2000~2004) in schools located in Seoul. Methods: Subjects were 14,783 students injured among elementary, middle and high school students. The accumulated data for 5 years (2000~2004) was from the Seoul School Safety and Insurance Association. Chi-square, ttest, logistic regression, and MANCOVA were conducted. Results: The most frequent accidents occurred among males (73.2%), and in special school students (3.86 per 1,000) followed by middle school students (3.05 per 1,000), in May (0.25 per 1,000) followed by June and October, in physical education classes (0.73 per 1,000) followed by special activities (0.40 per 1,000), recess (0.31 per 1,000) and lunch (0.29 per 1,000). Fractures (0.86 per 1,000) were followed by mild injuries (0.39 per 1,000), joint and ligament injuries (0.31 per 1,000), and teeth injuries (0.26 per 1,000). After adjusting for potential confounding variables, the highest means of final compensation payment was for burns (810 thousand KRW) followed by the teeth injuries (506 thousand KRW), cleaning injuries (550 thousand KRW) followed by injuries incurred during special activities (510 thousand KRW) and injuries incurred at special schools (556 thousand KRW). Conclusion: In school, the highest incidences of nonfatal unintentional injuries were in special schools, among males, fractures and physical education. However, the highest compensation payments were for burns, and injuries taking place at special schools and during cleaning hour. Proper health education including teaching healthy habits for safety/injury prevention is needed to prevent injuries and decrease compensation.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.58 no.3
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• pp.251-261
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• 2022

Tuna purse seine fishery (TPF) constitute more than 60% of distant water fishery production in Korea based on a statistic of 2018, and 28 ships from four different companies were under operation at the western and central Pacific Ocean. On this research, common risk factors during TPF were investigated via enumeration of five years Korean fisherman's insurance payment statement, followed by some counterplans to diminish the accident rate. The accident rate of TPF on the Pacific Ocean peaked by 43.0% in 2014 and constantly decreased to 23.0% until 2018, presenting an average of 33.6%. Meanwhile, the accident rate on the Indian Ocean reached the highest point 55.1% in 2014 and declined to 11.6% in 2016, having an average of 24.7%. The average accident rate of the Indian Ocean scored 8.9% lower than the rate of the Pacific Ocean, but no statistic significance was observed. Depending on the process of operation, 'casting or hauling of net' was the most frequent part that people received an injury (40.4%). When the accidents were classified by their types, 'falling down' was the most recurrent cause of the injuries (28.5%). At the point of severity, the worst injuries were induced by crush hazard. Considering aforementioned accident frequency and severity, all the factors on the accident type list were divided into three different groups including high risk, moderate risk, and common risk. This study is expected to contribute to the reduction of occupational accidents during the work of fishermen and establishment of a safety management system for distance water fishing vessels.

• The Journal of the Convergence on Culture Technology
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• v.9 no.6
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• pp.849-854
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• 2023

The Korea Post is providing postal, savings, and insurance services to the public. Although it has been automated due to the development of the industry, the risk of industrial accidents is high. Safety and health education should be effectively conducted to reduce industrial accidents. In this study, a survey was conducted for postal service workers. As a result, there was a tendency to prefer instructors with technical experience and professional qualifications, and increasing direct participation training through on-site inspection and audio-visual training and hands-on training were found to be helpful. analyzed. Based on this, an efficient safety and health education plan was presented to improve safety and health awareness, and it can be used as a basic data

• Journal of the Korean Society of Food Science and Nutrition
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• v.43 no.10
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• pp.1594-1606
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• 2014

The purpose of this study was to examine safety accidents related to school foodservice, working and operating environments of school foodservice, status and awareness of safety education, educational needs, and information on qualitative improvement of school foodservice. The subjects in this study were 234 cooks in charge of cooking at elementary and secondary schools in Chungbuk. A survey was conducted from July 30 to August 8, 2012, and among 202 questionnaires gathered, 194 completed questionnaires were analyzed. Statistical analyses were performed on data utilizing the SPSS version 19.0. The main results of this study were as follows: 44.3% of workers experienced safety accidents. The most frequent safety accident was 'once' (60.5%), and most safety accidents took place between June and August (31.4%). The time at which most safety accidents happened was between 8 and 11 am. Most safety accidents happened during cooking (52.3%) and while using a soup pot or frying pot (52.4%). The most common accidents were 'burns', 'wrist and arm pain', and 'slips and falls'. Respondents who experienced safety accidents replied that 57.6% of employees dealt with injuries at their own expense, and only 35.3% utilized industrial accident insurance. In terms of the operating environment, the score for 'offering information and application' was highest (3.76 points), whereas that for 'security of budget' was lowest (1.77 points). As for accident education, employees received safety education approximately 3.45 times and 5.10 hours per year. Improving the working environment of school foodservice cooks requires administrative and financial support. Furthermore, educational materials and guidelines based on the working environment and safety accident status of school foodservice cooks are required in order to minimize potential risk factors and control safety accidents in school foodservice.

• Korean Journal of Health Education and Promotion
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• v.8 no.1
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• pp.5-13
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• 1991

While the threat from traditional communicable diseases have been decreasing non communicable chronic diseases are increasing due to the aging of population and change in life pattern of the people such as over intake of cholesterol and lack of physical exercise etc. On the other hand, since 1980s, AIDS is spreading rapidly throughout the globe and environmental pollution, accidents, addictive diseases such as drug abuse and alcoholism are becoming serious factors to hinder the health promotion of the people. In order to improve general public health and promote individual health status, existing program for communicable disease control by the government such as tuberculosis, leprosy, STD and acute communicable diseases should be effectively continued. In principle, effort should be placed on eradication of source of infection, reduction of communicability of source in infection, treatment of source of infection as well as increase of individual registance to the diseases through immunization and improvement of physical status. Since the pattern of illness is being shifted from communicable diseases to non communicable chronic diseases such as cancer, cerebral hemorrhage, heart disease and hypertention etc., special emphasis should be placed on the prevention and control of those adult diseases. Early detection of the patients, registration and treatment of patients and health education should be systematically developed for effective control of the diseases. In addition, program activities on MCH, nutrition, dentistry, mental health, environmental health, accident prevention. medical delivery system, health insurance. and all other health issues should be improved in order to achieve our goal of health promotion.

• Journal of Environmental Impact Assessment
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• v.7 no.1
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• pp.109-116
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• 1998

As of July 1997, the registered number of automobiles exceeded 10 million and Korean auto industry produced 2,850,000 cars. Many environmentalists warn that the passenger cars are not sustainable urban transportation system in large cities. The cars produce about 80% of air pollutants, and consume 30% of petroleum imported. For the past 30 years the administration increased the road system, but the length of road per car is decreased from 813m in 1965 to 9m in 1995. The cost of traffic congestion was estimated to be \14.7 trillion in 1996, and is feared to increase without changing the present transportation system. The undesirable impact of cars include the casualties from traffic accidents, insurance loss, and separation of human relatioships. To construct sustainable urban transportation system, three principles should be followed. The first principle is to make the urban streets walkable for the people. The second principle is to encourage bicycling. Roads and traffic systems should be designed to let bicylces travel safely. The third principle is to supply more buses and construct integrated transportation system based on buses. The subway system is too expensive to construct and without the support of a well-organized bus system it may not work efficiently. The Brazilian city of Curitiba has constructed a very efficient bus system only with 1/80 of the estimated cost of subway system. The car-oriented transportation system does not seem to be an envrironmentally sustainable transportation system in most of the Korean cities.