• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.257-285
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• 2011

This thesis has studied about the legal characteristic of injection of the trial drug, the position of the pharmaceutical firm as a contractor of the clinical trial, the possibility of compulsory performance of consistent injection of the trial drug, and the damage claim caused in the process of the clinical trial from the viewpoint of protecting the trial subject in the clinical trial. According to court's judgement in the United States, the lawsuit of the trial subject, although the trial subject had expected consistent injections, was dismissed because there was no direct contract between pharmaceutical and trial subject. However, Helsinki Declaration prescribe the medical research as follows. 'All patients who participated in the research should be able to use the best precaution, diagnosis, and treatment proved by the final outcome of the research'. The trial subject is entitled to demand only the pharmaceutical firm which developed and provided the trial drug, and the pharmaceutical firm has the obligation to supply the trial drug to the trial subject. Therefore, it would be not enough to protect the trial subject if the pharmaceutical firm which makes the trial drug is ruled out. In addition, especially, in case the trial drug has a constant effect with the aim of treatment, if the injection of the trial drug is suddenly stopped, the trial subject would not have the benefit of treatment by the trial drug. In this case, the best remedy against the damage is to urge a constant injection of the trial drug. Thus, in certain case, it is reasonable to consider that the pharmaceutical firm has the obligation to supply the trial drug to the trial subject constantly, and it is also necessary to compel it through effective means in case the pharmaceutical firm do not fulfill its obligation to supply the trial drug. However, as an essential prerequisite for the assertion mentioned above, it should be judged under the principle of good faith considering the concrete situation, that is, what roles the pharmaceutical firm has played.

• Journal of Family Relations
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• v.21 no.4
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• pp.119-140
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• 2017

Objectives: The purpose of this study is to investigate and confirm the main factors of IMAGO relationship therapy(IRT) which influences overcoming a crisis of divorce, the role of the Imago relationship therapist and the changes made by the couple themselves in the process of the therapy. Method: This case study was based on the interviews with a couple who had participated in ten sessions of IRT. The couple who had been in the middle of a divorce lawsuit withdrew their suit after the therapy. The Interviews were conducted twice on the couple. The data from the interviews were analyzed by using constant comparative analysis, open coding method and Miles & Huberman's network display. Results: The findings of the study were as follows. Firstly, the factors influencing overcoming a crisis of divorce included preparation for the Imago dialogue and the structure of the Imago dialogue. Secondly, the role of the therapist was providing safety and confidence, deepening couple's conversations, and building the connectedness of the couple. Thirdly, the changes evident after the therapy included awareness of the influence of the original family, new image formation for each spouse, intimacy restoration and a changed perspective. Conclusions: Based on the findings, the study can contribute to healthy relational progress of married couples in conflict by developing the conditions to effectively apply the IRT. In addition, this study can be used to equip therapists with necessary tools and abilities for the therapy.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2010.05a
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• pp.225-228
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• 2010

It is an social issue that is various claim related on the defect of apartment house. The cost of defect repair is the most important matter that residents dispute constructers with the huge time wasting and cost loss. For resolve the matter of defect claim, it must to be analyze to the cost property that study and find to pending issue about the cost of defect repair. Therefore this study is investigated the cost property of defect repair relation on correlation analysis and regression analysis around the judgement cost. Consequently, cost of the judgment is associated with cost of the accusation and cost of the defect repair, is recognizable as them that is closely connected. Meanwhile, the more time of take effect and time of lawsuit increase, the more cost of the judgment decrease by draw the regression equation. On the contrary, there are same aspects in the case on the cost of the accusation and cost of the defect repair.

• The Korean Journal of Health Service Management
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• v.4 no.2
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• pp.107-117
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• 2010

In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.3-25
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• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• Fire Science and Engineering
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• v.17 no.1
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• pp.68-75
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• 2003

Temporary constructions are defined as constructions for temporary use, but frequently they are used long like permanent constructions and connected with main constructions. In this case, fire hazardousness increase. But there is no way to control this hazard in our system. This study include investigation of present related law survey about sample complex, collection of related lawsuit result and estimation of hazardousness of each contemporary construction type. The conclusion is that the article that specify distance between main construction and temporary one should be created in the architectural law. Or to apply fire service law to area of temporary construction, fire service law should be changed properly.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2011.10a
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• pp.269-272
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• 2011

The lawsuit is being made on the smart phone. And recent is getting a lot of evidence for the smart phone data in a court of law. Thus, the evidence of illegal use smartphone for the extraction of data and evidence collection, forensic procedure is a need for research. In this paper, evidence of phone forensic procedure for the extraction of the data suggests. And, by collecting forensic evidence from smartphones ensure the integrity of digital evidence and how to solve the case investigated. With this study, smartphone forensic will be able to contribute to the development.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.33-56
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• 2011

Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.

• Journal of Environmental Impact Assessment
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• v.26 no.6
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• pp.495-507
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• 2017

The regional environmental conflicts of 'Mungjangdae Hot Spring Development Project' have still now continued from 1985. As a case study, the limitation of environmental litigation and the feasibility of EIA as Alternative Dispute Resolutions (ADR) for solving the conflict of 'Mungjangdae Hot Spring Development Project' was analysed. In order to mitigate environmental and social conflicts, the scope and time of public participation in EIA process which is democratic procedure based on scientific prediction of environmental impact need to be diversified to the extent 'Aarhus Convention', and the burden of environmental litigation need to be alleviated by the 'EIA consultation' from environmental authorities. In decision-making process related with large scale development plan and project which have enormous impact, the effectiveness of the EIA as ADR can be enhanced by applying citizen involvement in environmental governance and the various aspects of sustainability. The effective utilization of EIA public participation such as public hearing to pursue social equity can be a ESSD scheme for the implementation of SDG at regional dimension in Korea.

• Communications of Mathematical Education
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• v.25 no.1
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• pp.1-19
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• 2011

HPM(History and Pedagogy of Mathematics) become an important issue to us now. Study on old Korean mathematics books were made recently. We study mathematics books in Kyujanggak in this article. Horng Wann-Sheng 洪萬生, an math. historian and a member of editorial board of Historia Mathematica, visited Kyujanggak, the royal library of Joseon Dynasty. After his visit, he published a paper, "The first visit to mathematics books in Kyujanggak 奎章閣收藏算書初訪"(2008 Kyujanggak 32, p. 283-293). In his paper, he also raised several research problems on the history of Korean mathematics. In this paper, we analyze his paper "The first visit to mathematics books in Kyujanggak" and give some answers to those raised problems on Korean mathematics. Also we correct some misunderstanding of Horng on some facts. Especially, we make it clear that the author of SinJungSanSul(New Arithmetics 新訂算術) was not Lee Sang-Seol(李相卨), whom Horng considered as the author, but Lee Gyo-Seung(李敎承) through the correct translation of its preface and an article about its copyright lawsuit. And we added some pathways how Chinese mathematics books were imported by Joseon. We introduce the case of Hong Dae-Yong(洪大容) in detail.