• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.1
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• pp.60-69
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• 2023

Objectives: Business operators handling hazardous chemicals regulated under the Chemical Substances Control Act (CSCA) must receive permits to operate their business from the Ministry of Environment. This study analyzed the status of recent legal violation in chemical handling workplaces in Ulsan where a large volume of chemicals is handled for industrial use. Methods: A total of 557 corporations have been granted legal status as business operators in Ulsan. For all business operators, legal violations in regard to the CSCA that were discovered by the environmental office in the last five years (2018~2022) were thoroughly analyzed. Results: A total of 225 violations of the CSCA have been discovered at 165 corporations, with the violation rate accounting for approximately 27% of all business operators. In particular, 22% of the 165 violators (36 corporations) were discovered to have violated twice or more, and some business operators (6%) even violated in consecutive years. Non-compliance of facility inspection was the most frequent violation (45 cases, 20.1%), followed by non-reporting of important changes in the permitted matters (23 cases, 10.3%), non-completion of legal safety education (19 cases, 8.5%), failure to secure permission for modification in the permitted matters (18 cases, 8.0%), and failure to submit chemical transport plans (16 cases, 7.1%). Conclusions: Most of the violations could have been prevented if the field personnel had paid sufficient attention. Thus, it is fundamentally necessary to create an environment for spontaneous safety management for themselves and to strengthen individual capabilities.

• Journal of muscle and joint health
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• v.28 no.1
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• pp.30-40
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• 2021

Purpose: This study aims to present nurses' legal conflicts and legal basis through the precedent analysis of a crime of professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the correct and high-level legal consciousness of nurses. Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses' professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed. Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3). Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.14 no.11
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• pp.2491-2496
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• 2010

Smart Phone with domestic demand increasing rapidly, the utilization of multimedia services have become diverse. Smart Phone users use the copyrighted multimedia contents illegally from hacking their Smart Phone with Jail Breaking and Rooting. Legal issues according to the Korea-U.S. FTA. and high relevance with crime as mobile communication terminal, the utilization of created and saved digital evidence is high, the mobile forensic evidence study is required. This paper studied method and notice of legal seizure and search assuming the Smart Phone copyright violation. Research the status of Smart Phone copyright violation and related violation by category as broadcasting, movies, music, e-book etc. Research the method of submit a report to the court by applying techniques to forensic. The results of this research will contribute to the provide of Smart Phone crime evidence and mobile forensic technology.

• Archives of Plastic Surgery
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• v.43 no.3
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• pp.278-283
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• 2016

Background Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. Methods We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. Results The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Conclusions Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

• Journal of Digital Convergence
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• v.9 no.5
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• pp.11-20
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• 2011

Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

• Electronics and Telecommunications Trends
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• v.38 no.6
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• pp.84-94
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• 2023

Open source has many advantages and is widely used in various fields. However, legal disputes regarding copyright and licensing of datasets and learning models have recently arisen in artificial intelligence developments. We examine how datasets affect artificial intelligence learning and services from the perspective of copyrighting and licensing when datasets are used for training models. The licensing conditions of datasets can lead to copyright infringement and license violation, thus determining the scope of disclosure and commercialization of the trained model. In addition, we examine related legal issues.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.18 no.3
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• pp.77-83
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• 2010

"The prohibition of careless or reckless flight" is the regulation specified not only in the national air law but ICAO ANNEX and FAR. This article(item) has not been categorized properly unlike other items and the question such as why this is described as a fundamental and essential act can be answered only by the party subjected to administrative measures in case of Korea and this kind of violation is so rare that it is not easy to understand the legal meaning and the function of the term, "The prohibition of careless or reckless flight" In case of U.S where aviation cases are common, the distinction between the term "careless" or "reckless" operation depends on whether to recognize the given situation. Some incidents happened by failing to aware NOTAM, violating ATC, or T/W landing where a pilot did not recognize the violation itself are considered to be "Careless" flight. Others such as low altitude high speed flight, approximate flight, Rejecting ATC instruction where a pilot intends to or is remiss in safety are regarded as "Reckless" flight. For pilots who are required to take the highest level of care from preparing for flight to stopping engines or completely disembarking passengers from a plane, the clear understanding of the most basic concept of "careless" or "reckless" flight should be emphasized for the safe flight and it is the time for the authorities to set a standard for proper measures by definite legal interpretations.

• Journal of Korea Trade
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• v.27 no.1
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• pp.176-191
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• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.3-46
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• 2017

Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

• KIPS Transactions on Computer and Communication Systems
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• v.11 no.11
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• pp.395-402
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• 2022

In case of violation of the Personal Information Protection Act, administrative dispositions will be taken according to the legal standards, and the results will be announced. However, the current method has limitations in its effectiveness as repeated administrative dispositions are increasing despite the announcement by the disclosure system of the Personal Information Protection Act. In this paper, we deploy the introduction of the 'public announcement commandment' against violators by analyzing the administrative disposition results according to the violation of the Personal Information Protection Act. It is able to strengthen the existing disclosure system for self-disclose violations by providing easy recognition to the people about the fact of violation itself against the Personal Information Protection Act. Furthermore, we analyze major industries through the industry groups and violations of laws that were subject to publication, and data published on the results of administrative dispositions for violation of the Personal Information Protection Act. Finally, we propose the legal basis for the 'public announcement commandment' which allows the violator to publish by oneself for the announcement of the fact that the corrective action has been taken.