• 한국건설관리학회논문집
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• 제19권4호
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• pp.70-81
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• 2018

건설 산업에서의 클레임은 프로젝트 수익성에 심각한 영향을 미칠 수 있으며 적절한 예방 조치를 취하지 않으면 프로젝트의 실패를 야기할 수 있다. 프로젝트 실행 과정에서 잠재적인 클레임 및 분쟁을 적절하게 예방하고 대응하기 위해서는 체계적이고 지속적인 정보의 축적과 주요 작업에 대한 역할 및 책임에 대한 명확한 정의가 필요하다. 이러한 필요성을 바탕으로 본 연구는 건설프로젝트 정보관리시스템(PMIS)을 개발하고 검증한다. 개발된 시스템은 일정, 비용, PM/CM, 설계, 협업, 클레임과 같은 관리 모듈이 포함되며 개발된 시스템을 검증하기 위해 실제 프로젝트 사례에 적용하였다. 적용 결과는 건축 클레임에 특화된 정보시스템이 더욱 사용자의 친숙도를 고려하여 개발되어야 함과 발주자와 계약자 모두가 정보관리시스템을 사용할 때 더욱 효과적이라는 것을 보여준다.

• 한국중재학회지:중재연구
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• 제20권2호
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• pp.173-198
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• 2010

The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• Asian Pacific Journal of Cancer Prevention
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• 제16권10호
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• pp.4357-4361
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• 2015

Thunbergia Laurifolia Linn. (TL) is one of the most familiar plants in Thai traditional medicine that is used to treat various conditions, including cancer. However, the antitumor activity of TL or its constituents has never been reported at the molecular level to support the folklore claim. The present study was designed to investigate the antitumor effect of an aqueous extract of TL in human breast cancer cells and the possible mechanism(s) of action. An aqueous crude extract was prepared from dried leaves of TL. Folin-Ciocalteu colorimetric assays were used to determine the total phenolic content. Antiproliferative and cell cycle effects were evaluated in human breast adenocarcinoma MCF-7 cells by MTT reduction assay, cell growth inhibition, clonogenic cell survival, and flow cytometric analysis. Free radical generation by the extracts was detected using electron paramagnetic resonance spectroscopy. The exposure of human breast adenocarcinoma MCF-7 cells to a TL aqueous extract resulted in decreases in cell growth, clonogenic cell survival, and cell viability in a concentration-dependent manner with an $IC_{50}$ value of $843{\mu}g/ml$. Treatments with extract for 24h at $250{\mu}g/ml$ or higher induced cell cycle arrest as indicated by a significant increase of cell population in the G1 phase and a significant decrease in the S phase of the cell cycle. The capability of the aqueous extract to generate radical intermediates was observed at both high pH and near-neutral pH conditions. The findings suggest the antitumor bioactivities of TL against selected breast cancer cells may be due to induction of a G1 cell cycle arrest. Cytotoxicity and cell cycle perturbation that are associated with a high concentration of the extract could be in part explained by the total phenolic contents in the extract and the capacity to generate radical intermediates to modulate cellular proliferative signals.

• Asian Pacific Journal of Cancer Prevention
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• 제17권12호
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• pp.5237-5242
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• 2016

Background: Cancer screening rates are lower in Japan than those in western countries. Health professionals publish procancer screening messages on the internet to encourage audiences to undergo cancer screening. However, the information provided is often difficult to read for lay persons. Further, anti-cancer screening activists warn against cancer screening with messages on the Internet. We aimed to assess and compare the readability of pro- and anti-cancer screening online messages in Japan using a measure of readability. Methods: We conducted web searches at the beginning of September 2016 using two major Japanese search engines (Google.jp and Yahoo!.jp). The included websites were classified as "anti", "pro", or "neutral" depending on the claims, and "health professional" or "non-health professional" depending on the writers. Readability was determined using a validated measure of Japanese readability. Statistical analysis was conducted using two-way ANOVA. Results: In the total 159 websites analyzed, anti-cancer screening online messages were generally easier to read than pro-cancer screening online messages, Messages written by health professionals were more difficult to read than those written by non-health professionals. Claim ${\times}$ writer interaction was not significant. Conclusion: When health professionals prepare pro-cancer screening materials for publication online, we recommend they check for readability using readability assessment tools and improve text for easy comprehension when necessary.

• 한국환경과학회지
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• 제22권11호
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• pp.1529-1538
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• 2013

Disasters like mountain landslides and collapse in cutting areas claim many a life and cause economic losses, involving much effort and expenses for their recovery. This study has surveyed and analyzed incident of disasters that had occurred on the sloping sides in Korea for the past 13 years in an effort to relieve damage caused by disasters on the sloping sides. The analysis confirms that while the major cause of disasters on the sloping side was storms in the past, frequency of disasters on sloping sides caused by local downpour is steadily on the rise. In addition, while disasters were concentrated in Gangwon Province, a mountainous region of the country, frequency of disasters occurring on the sloping sides is steadily increasing recently on the sloping sides in downtown areas in Seoul, Gyeonggi-do and so forth, attributing a large percentage of disasters to sloping sides. Data surveyed and analyzed in this study are thought to be applicable as basic data for the establishment of effective measures for the prevention of disasters occurring on the sloping sides in the days to come.

• 한국축산식품학회지
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• 제31권2호
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• pp.147-157
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• 2011

Mycobacterium avium paratuberculosis (MAP), the cause of Johne's disease in animals, may be a causative agent of Crohn's disease (CD) in humans, but the evidence supporting this claim is controversial. Milk, meat, and water could be potential sources of MAP transmission to humans. Thus, if the link between MAP and Crohn's disease is substantiated, the fact that MAP has been detected in retail foods could be a public health concern. The purpose of the present study was to review the link between MAP and CD, the prevalence of MAP in foods, heat inactivation, control of MAP during food processing, and detection methods for MAP. Although MAP positive rates in retail milk in nine countries ranged from 0 to 2.9% by the culture method and from 4.5 to 15.5% by PCR, high temperature short time pasteurization can effectively control MAP. The effectiveness of pasteurization to inactivate MAP depends on the initial concentration of the MAP in raw milk. Development of highly sensitive and specific rapid detection methods for MAP may enhance investigation into the relationship between MAP and CD, the prevention of the spread of MAP, and problem-solving related to food safety. Collaboration and efforts by government agencies, the dairy industry, farmers, veterinarians, and scientists will be required to reduce and prevent MAP in food.

• 한국중재학회지:중재연구
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• 제21권1호
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• pp.131-155
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• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• 한국중재학회지:중재연구
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• 제10권1호
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• pp.115-133
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• 2000

All kinds of commerces are begun from the contract and the claims are frequently raised by the problem in the contracts. Therefore, the negotiation is very important to make a contract and resolve the claim. This article analyzed the negotiation practice of Chinese in order to render help to negotiators who enter into negotiations with Chinese business people so that they can enhance their chance for success. Based on this examination on the negotiating style, this paper also provides the some guidelines in working-level negotiating with Chinese. For the purpose this study applies "global negotiation flowchart" and twelve important factors suggested by stephen & stripp to analyze the characteristics of Chinese business negotiating style. The results suggest some useful criteria for negotiators First, In the preparation, the negotiator need a thorough study about the Chinese negotiating style and counter party. Second, In the negotiation with the Chinese, making the personal relationship and, if possible, frequent contact with the person who is the most powerful negotiator in decision-making. Third, since the Chinese has a sense of value that money is very important, it is very necessary that the negotiator persuade him by mutual profits. Finally, negotiators must aim at long-term profit maximization not at short-term.

• 항공우주정책ㆍ법학회지
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• 제32권1호
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• pp.355-384
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• 2017

우리나라에는 공항소음 방지 및 소음대책지역 지원에 관한 법률이 2010년부터 현재 시행되고 있다. 또한, 공항소음 방지 및 소음대책지역 지원에 관한 법률에 따라 공항소음대책사업과 주민지원사업이 이루어지고 있다. 그러나 군용비행장의 경우에는 공항소음 방지 및 소음대책지역 지원에 관한 법률이 적용되지 않고 있다. 많은 주민들은 이미 군용비행장의 소음에 대해서 불편을 호소하고 있으나, 현재 아무런 대책이 없는 실정이다. 주민들은 군용비행장에서 들리는 소음이 그들의 생활을 침해한다고 주장하고 있으며, 그중 일부 주민들은 정부를 상대로 집단소송을 제기하고 있다. 이번 20대 국회에서, 이미 일부 국회의원들은 군용비행장 인근에 거주하는 주민들을 지원하기 위한 여러 법안을 제출했다. 그럼에도 불구하고, 현재까지 관련 법안들은 현재 국회에서 계류 중에 있다. 항공기 소음을 방지하고 지원 대책을 제공하는 법안은 군용비행장 인근에 거주하는 주민들의 생활에 꼭 필요하다. 먼저, 이번 연구에서는 제20대 국회에 제출된 입법안에 대해 살펴보았다. 그리고 일본의 방위시설 주변의 생활환경 정비에 관한 법률에 대해서도 살펴보았다. 이러한 연구내용을 바탕으로, 현재 입법안에 대한 문제점을 분석하고, 그에 따른 개선안을 제시하였다. 개인적으로 이번 연구가 향후 국회에서 군용비행장 소음대책관련 입법안을 작성하는 데에 도움이 될 수 있기를 기대하는 바이다. 군용비행장 인근에 거주하는 주민들의 소음으로 인한 고통을 덜고 인간 존엄성을 회복할 수 있도록 이번 제 20대 국회에서 입법안을 통과시키길 간절히 바란다.

• 무역상무연구
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• 제62권
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.