• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.223-232
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• 2002

The government, in order to settle and activate the use of Construction Management (CM) method, clarified the legal Issues pertaining to infrastructure development and is taking an active role to promote CM through government sponsored pilot projects. However, when a CM method is applied to a turn-key protect, many applicational difficulites are expected. With design and construction are performed under the simple responsibility in a turn-key method, roles of CM's is overlapped. Also, the characteristics of turn-key method are not reflected to the present $\lceil$CM Work Guideline$\rfloor$. Over the years, various problems have been identified from turn-key projects. Korea's $\lceil$CM Work Guideline$\rfloor$ is more inclusive compared to the CM services of CMAA and overlooks the importance of CM's roles in pre-design phase. In this study, CM's roles of pre-construction phase (pre-bidding, bidding, detail design, contracting) in construction turn-key projects were identified and complementary policy for institution was suggested. We further look into dividing the roles of the CM at turn-key project Into professional role and emotional role. Also, we speculate problems of the existing experience in turn-key projects and suggest a rough methodology on how these concepts can be adjusted for improve the turn-key method.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.11
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• pp.187-192
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• 2020

In the past 20 years, accidents in the construction industry have declined in absolute numbers. On the other hand, disasters occurring at small and medium-sized construction sites account for more than 80% of the entire construction industry and are showing a continuous increase. A system for preparing a safety and health register in stages was enacted to preemptively prevent accidents by mandating responsibility for safety to owners with relatively strong authority in the construction industry. Considerable is needed to become an effective legal system. Although there have been many studies related to safety management plans and hazard prevention plans, there are no studies on the safety and health register. Therefore, in this study, an improved safety management procedure connected with the orderer's safety and health management procedure was presented as a plan for reducing accidents at small and medium-sized construction sites. All information was made as a data-based procedure to reduce the burden on the manager. The results of this study are expected to be used as basic data for the development of a safety management support information system for small and medium-sized construction sites.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.8
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• pp.433-440
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• 2018

As government research and development projects become more important, such as the creation of future-oriented growth engines and expansion of budgets, the future vision of R&D is presented through paradigm shifts such as efficiency, investment direction and strategy. On the other hand, research and interest in sanctions are poor, and this paper examines legal grounds, comparative analysis of laws, and cases outside the country, draws implications for domestic applications, have. In addition, we will contribute to the prevention of damages caused by neglect, or the transparency of the execution of research funds. This study was conducted by comparing the characteristics of government R&D and sanctions with the sanctions for the top three R&D investment related SMEs. In Korea, starting with the introduction of sanctions in 2001, the moral hazard of research and development has been prevented through the cumulative violation of aggravation, expansion of the period of restriction of participation, and the introduction of a strikeout system. Nevertheless, fraudulent use of business expenses is constantly being detected. In order to ensure maximum autonomy and stronger responsibility than strong institutions, the willingness of the researchers to execute transparent business expenses, the moral approach to public resources, Precedence of recognition conversion is important.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.221-237
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• 2016

This study aims to review the article 26 of UCP 600. The article 26 of UCP 600 deals with 'on deck cargo' and 'unknown wording' in L/C transaction. The article 26 of UCP 600 says that a transport document stating that the goods may be carried on deck is accept able. UCP 600 requires to reject transport documents which evidence that the goods are or will be loaded on deck. So the bank will not accept the B/L containing a clause stating the goods are or will be loaded on deck. But in practice a container cargo is carried on deck actually but we do not describe this fact on the Bill of Lading. The deck stowage is not allowed under the clean B/L. But in case of container cargo, the carrier has the right to carry the container on deck in practice. In spite of this practice the carrier can not describe this fact correctly like this : "The container cargo loaded on deck". If carrier describes on B/L like this, the bank rejects the B/L in L/C transaction. So the carrier describes as "the goods may be carried on deck" on the back of the B/L. But they loaded the container on deck actually. This article suggests some ideas on this matter. In addition, the article 26 of UCP 600 says that a transport document bearing a clause such as "shipper's load count" or "said by shipper to contain" is acceptable. This means that a carrier has no responsibility on the contents of containers. In case of FCL Cargo, it is impossible for a carrier to check the details of container cargo. Therefore it is inevitable to insert the expressions such as "SLC(shipper's load and count)" or "STC(said to contain)". The wording described on the face of B/L should be interpreted as intended and consistently. The intention of the carrier is not the actual quantity or weight. So unknown wording does not represent the actual quantity or weight. But some cases show that the carriers are indemnified by such insertion but others reject the effectiveness of such insertion. So this study emphasizes that unknown wording can not fully indemnify the carriers and that the insertion of such expressions shall be minimized.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.215-236
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• 2013

It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.30 no.2
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• pp.287-304
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• 2020

There have been a number of legal & policy studies on the affecting factors of big data utilization, but empirical research on the composition factors of personal information regulation or data combination, which acts as a constraint, has been hardly done due to the lack of relevant statistics. Therefore, this study empirically explores the priority of personal information regulation factors and data combination factors that influence big data utilization through Delphi Analysis. As a result of Delphi analysis, personal information regulation factors include in order of the introduction of pseudonymous information, evidence clarity of personal information de-identification, clarity of data combination regulation, clarity of personal information definition, ease of personal information consent, integration of personal information supervisory authority, consistency among personal information protection acts, adequacy punishment intensity in case of violation of law, and proper penalty level when comparing EU GDPR. Next, data combination factors were examined in order of de-identification of data combination, standardization of combined data, responsibility of data combination, type of data combination institute, data combination experience, and technical value of data combination. These findings provide implications for which policy tasks should be prioritized when designing personal information regulations and data combination policies to utilize big data.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.243-279
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• 2019

During the main ruling in 2018, it is difficult to find a new judiciary, which is understood to be due to a certain degree of jurisprudence established and focusing mainly on contentious disputes within the framework of damages. The cases in which the court's judgment is reversed helped to understand the reason and the judiciary, and it was confirmed that the dispute in the medical lawsuit became more and more intense. Decisions on responsibility restrictions and medical records were also noticeable, with a significant increase in the number of verdicts relating to the doubt about medical records. This is considered to be part of the increasing number of cases in which the parties raise questions about medical records, and several cases were categorized and introduced at this opportunity. We also introduce the case of forced discharge of long-term hospitalized patients and medical fee bill, because it was judicial interest after the Supreme Court ruling that the cost of treatment for the after-effects of medical malpractice can not be claimed to the patient.

• Fire Science and Engineering
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• v.34 no.1
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• pp.103-114
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• 2020

The purpose of this study is to investigate the effect of apartment residents' safety education satisfaction and the application of fire protection plans on fire safety awareness. The analysis results are as follows. First, the low levels of satisfaction with safety education content had a negative effect on anxiety about fire safety. This means that apartment residents' low levels of interest or participation in education affected their safety awareness, which prevented them from securing safety from fire. It is necessary for control staff to have a positive impact on their educational satisfaction via the learning support information system, among others, in order to create a satisfying education and safety culture. Second, competence in the execution of firefighting plans had a positive effect on fire safety awareness. These results indicate that apartment residents do not have the opportunity to access the education and training necessary for safety, nor the legal responsibility to complete mandatory safety education, which leads to their lack of safety awareness. Therefore, the control staff need to raise awareness of fire safety and the importance of participating in safety education among apartment residents by strengthening and activating the execution of firefighting plans in order to ensure safe living. Third, the competency of the firefighting plans moderated the effects of apartment residents' educational satisfaction on their awareness of fire safety.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.289-312
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• 2015

The propagation of Infectious Diseases is very dreadful. It is not easy to detect through whom and where Infectious diseases start. Due to traffic development, these days, viral infectious diseases that weren't known in Korea in the past sometimes emerge in Korea, that is, probability to be propagated by certain viral infectious disease is getting bigger and bigger. The prevention of infectious diseases should be thoroughly blocked before they are introduced, nevertheless, when introduced, the government has a duty and responsibility to prevent them from spreading as soon as possible. There may be a terrible case that a certain infectious disease is spreading all over the world. Of course, in this case, cooperation between countries becomes more and more important than ever. But even in this situation, the nation's role should not decrease. Quarantine Law in Korea says that the government can take a quarantine measures to minimize the risk of infection. So the government can isolated questionable people with the risk of infection as well as people with the risk of infection. Quarantine or Isolation is a quite effective measures to prevent the viral infectious disease, however, it allows all subjects' right of freedom to be restricted. So, in any case that a infectious disease is spreading quickly, the probability for subjects to be isolated unreasonably or preposterously can probably happen. In this paper, I'll consider and discuss about the harmony between Public Health and Human Rights through quarantine or isolation.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.43-67
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• 2011

Humankind history is faced with one gigantic turning point due to development of Living genetically Modified Organisms. Food production by means of LMO is on the acceleration in an effort to solve the shortage of food problems. Food is also used as alternative energy source. Use of LMO product is not only limited to food and energy, but is actively utilized in various fields of medicines. This paper is first to check out the state of biomedicine developed and associated problems from industries that use LMO, after which we made an attempt on legislative approach to find out means of relief, through examples of such laws legislated for the sufferer from the adverse effect of the biomedicine. As for the liable subject to bear the responsibility for compensatory damage in a way of relieving the victim owing to adverse effect of biomedicine, those who manufactured and sold biomedicine and who are related to the damage to the victim due to the accident and medical doctors and pharmacists who prescribe and administer the medicine in question have been looked into. Accidents involving medicines and medical supplies could take place without reason for imputation on part of the liable subjects or fault of the victim, in which case the victim can't receive damage compensation from any of both parties. When such accidents happened turn out to be no fault accidents, introduction of damage relief measures might have to be reviewed against side effects of medicine and medical supplies as no fault compensation in order for actual relief to be possible. Talking about technicality of legislation, we can suggest a method of strengthening the accountability of manufacturer for stereotypical agenda on biomedicines by newly legislating special regulation with an issue that resists claim on risks associated with the development of medicine and incorporating the same into Manufactured Product Liability Law. After all, when an accident happens associated with biomedicine, the damage will be done to the consumer. And the consumer will be exposed to fatal danger even without the time to cope with potential risks associated with medicine and medical supplies they take. Therefore, it is necessary to protect the potential victim by having the manufacturer of biomedicines bear the liability of medical risks.