• 무역상무연구
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• 제53권
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• pp.49-74
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• 2012

This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

• 의료법학
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• 제15권2호
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• pp.227-251
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• 2014

In current law, the premium medical treatment system gives patients the right of choice between normal medical treatment service and premium medical treatment service. Only the doctors having a career more than a certain period of time fixed in the law are eligible for providing the premium medical treatment service. So, the premium medical treatment system is highly related to the patients' right to know and the right of self-determination. The system is also relevant to the so-called 'economic explanation' notion because patients should pay additional fee when they want to use this system. Meanwhile, the situation as follows is problematic as to this system. Although a patient applied for using the premium medical treatment system and the patient also chose his or her own doctor specifically, another doctor who was not selected as premium doctor could make a medical accident. Then, is the another doctor liable for damages because the accident was a medical malpractice or a breach of medical contract? In this study, we are going to examine the problems related with the premium medical treatment system. First, we examine the current law related to the system. Second, we look into the economic explanation duty and its application to the premium medical treatment system. Finally, we examine a real judgment case about a medical practice against the premium medical treatment system and we propose our solution to this case.

• Korean Journal of Acupuncture
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• 제32권1호
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• pp.30-38
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• 2015

Objectives : The aim of the study is to investigate the effects of low level laser treatment (LLLT) on the gait behavior in the rat model of arthritis. Methods : Knee arthritis was induced by the injection of $125{\mu}l$ of Complete Freund's Adjuvant(CFA) into the right hind knee joint cavity. Arthritic rats were divided 3 groups; arthritis group was used for control(CON), 10 min of laser treated group(LSR10), and 30 min of laser treated group(LSR30). LLLT was applied to KI 1 for 11 times under gaseous anesthesia. We performed several analyses under catwalk test including stand and swing time, duty cycle of paw steps, intensity and print area of steps, and stride length. Results : Stand and duty cycle of paw steps were increased significantly at 12 days after arthritis induction in LSR30 group. Swing time was decreased significantly at 12 days after arthritis induction in LSR10 group. In the analysis of intensity, print area and stride length, however, results did not show statistical significance during the time point of experiments. Conclusions : The data suggest that LLLT on the rat model of CFA induced arthritis showed beneficial effects by increase of stand time and duty cycle of paw steps and decrease of swing time. Therefore, LLLT could be useful option to improve gait discomfort in arthritis patients.

• 무역상무연구
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• 제17권
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• 간호행정학회지
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• 제1권2호
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• pp.325-337
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• 1995

This study attempted to increase quality of nursing care by assessing the nurses' attitudes for computerization in nursing practice and ensuring right recognition and attitude for computerized system. Study subjects are 311 nurses who are working at 4 general hospitals. Those hospitals are selected according to the degree of computerized in Kyoung In Province. Study instrument consists of 20 items and 12 general questionnaire which was developed by Brodt and Stronge(1985) and modified by Lee(1991). Data collection was done from april 19th in 1995 to april 29th. Data gathered were analized number, t-test, ANOVA by using SPSS. The study results are as follows : 1. Study subject's attitude for computer application showed positive response as mean score of 3.44 especially nurses who had experience using computer showed 100% pro-response. 2. Study subject's attitude by age was significant statistically(F=3.9589, p=.0038), among them age 25-30 revealed the highest positive scores, and age 40 showed the lowest positive scores. 3. Study subject's attitude by education level showed no significant difference(F=1.4182, 2437), and those who are more educated showed more positive response. 4. Study subject's attitude by duty years showed no significant difference(F=2.2648, p=.0622), and those who had 7- 9 duty years had the highest positive attitude however those who have 10 duty years showed lowest positive attitude. 5. Study subject's attitude by position revealed no significant difference(F=2.0017, p=.1369), and the charge nurse groups who were using computer showed the highest scores. 6. Study subject's attitude by computerized type showed significant difference(F=23.9665, p=.0000), and G hospital which had computer system in nursing area obtained the highest positive scores. 7. study subject's attitude by presence of computer education showed no significant differenec(F=.9002, P=.3435), and non computer educated groups showed the highest positive response. 8. Study subject's attitude by computer education place revealed no significant difference(F=4.3723, p=.0020). and the groups who were taught individually or in the institution obtained the highest positive scores. 9. Study subject's attitude by duty year computer use showed no significant response(F=.9591, P=.3282), and groups of computer use showed the high degree of positive response. 10. Study subject's attitude by duty year using computer showed significant difference(F=5.9174, p=.0009),and the groups using computer for 6 years or group of 4-6 years showed the highest degree of positive response and the groups using computer for 1 year showed the lowest degree of positive response.

• 통상정보연구
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• 제11권1호
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• pp.291-308
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• 2009

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

• 의료법학
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• 제12권2호
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• pp.189-217
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• 2011

According to the current law of national health insurance, the Minister of Health and Welfare can impose a suspension of business or license, and a fine with medical institutions who violate the law. In case that medical institutions raise an action for ity with each penalty, they ask for replacing the suspension of business with a fine during the pendency of the action. But there is a long gap of time between an offense and administrative measures. One violation cause several types of administrative measures (suspension of business or fine, suspension of license etc.) and different government departments impose these penalties. It takes a lot of time to organize their opinions and they are liable to impose penalties after considerable space of time because of overwhelming tasks. Then the medical institutions can sustain a loss by getting unexpected administrative measures after their offense against the law. Thus, this article review whether extinctive prescription apply to the right of imposing fine on the law of national health insurance or not. Meanwhile, we have no regulations imposing a same fine to co-representatives of medical institution who infringe the law of national health insurance. On this point, this study review whether they have equal duty on that or not.

• Ocean and Polar Research
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• 제29권2호
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• pp.165-185
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• 2007

Exploitation of transboundary oil and gas on continental shelves may cause conflicts between or among States concerned due to the physical character of these resources. As oil and gas are fluid, exploitation of such a transboundary oil field by one side may affect other parties in other jurisdictions. However, there is no universal international legal regime on the issue. This article tries to find the international legal regime governing such resources through analysing UN Assembly's resolutions, UNCLOS, international judicial opinions, bilateral agreements and ILC activities relating to transboundary natural resources. As a result of this study, it seems that each coastal State has an inherent sovereign right on its part of the transboundary oil and gas deposit, but this right is not unlimited. Each state involved with the deposit has a duty to cooperate with other states-through information exchange, consultation, and negotiation. Furthermore, the state has an obligation to refrain from unilateral action when there is a possibility of causing irrevocable damage to the interests of the other states.

• 의료법학
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• 제21권2호
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• pp.163-207
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• 2020

우리나라의 임상시험은 최근 10년간 그 규모가 성장하여 임상시험 산업의 주요 국가로 자리매김 하였다. 임상시험은 의료수준의 발전 및 치료 가능성의 확대를 위해 중요한 의미를 지니고 있다. 그러나 임상시험은 의약품 등의 안전성과 유효성을 증명하기 위한 것으로서 본질적으로 위험성을 내포하고 있으므로, 적절히 통제되어야만 임상시험대상자의 건강과 자기결정권이라는 법익을 보호할 수 있다. 이를 위해 임상시험을 수행하는 의사의 선관주의의무 이행이 특히 중요하다. 약사법과 그 하위법령은 시험자인 의사가 준수하여야 할 여러 의무를 규정하고 있다. 이 중 대상자 보호의무와 설명의무는 의사의 임상시험대상자에 대한 주된 선관주의의무를 구성한다. 이는 통상적인 의사의 진료행위에 있어서의 주의의무 및 설명의무와도 본질적으로 그 보호법익과 내용이 유사하다. 임상시험의 경우 통상적인 진료행위의 경우보다 가중된 설명의무가 요구된다. 임상시험에서의 구체적인 주의의무 기준 설정은 향후 판결과 연구를 통해 이루어져야 할 것이나. 주의의무의 기준을 막연히 높이거나 입증책임을 전환하는 등으로 임상시험을 수행하는 의사의 책임을 가중시킬 경우, 자칫 임상시험의 발전 및 환자의 새로운 치료법에 대한 접근성을 저해하고 손해의 공평·타당한 분담이라는 원칙에 위배될 우려가 있다. 이러한 의무들 외에도 임상시험에 대한 법령은 의사에 대해 여러 의무를 규정하고 있는바, 이러한 법령의 위반이 선관주의의무 위반에 해당함으로써 손해배상책임이 인정되는지의 문제는 해당 법령이 부수적으로라도 임상시험대상자의 안전과 이익을 보호하기 위한 것인지 여부, 대상자의 법익 침해의 유무와 정도, 법령위배행위의 태양 등을 종합적으로 고려하여 판단하여야 한다. 이와 같은 여러 의무의 충실한 준수가 이루어지도록 담보하고, 구체적 사안에서 임상시험대상자의 법익이 적절히 보호되었는지에 대해 사법(司法)적, 행정적 통제를 함으로써 법익 보호를 효과적으로 담보할 수 있을 것이다.

• 직업교육연구
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• 제33권3호
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• pp.145-167
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• 2014

이 연구의 목적은 승마산업의 전반적인 효율적 확산을 도모하고 승마지도사 양성을 위한 교육과정 개발의 기초자료를 마련하기 위하여 승마지도사에 대한 직무를 체계적으로 분석되었다. 특히 직무분석의 한 방법인 DACUM 법과 관련 전문가들의 검증을 통하여 승마지도사 직무의 모형(DACUM chart)을 개발하였다. 그 결과 승마지도사에 대한 8개의 임무와 100개의 작업이 나왔으며, 최종 전문가 내용타당도 검토 및 전문가 자문 검토 결과 후 총 7개의 직무영역과 82개의 수행작업으로 정리되었다. 또한, 전문가들의 의견에 따라, 승마지도사란 "승마장이나 승마 시설에서 승마 교육대상자에게 승마 지도를 하고 말, 승마장 시설 장비 그리고 인력을 관리 운영하는 자"로 정의되었다. 이러한 결과는 현재 운영되고 있는 승마지도사 양성 교육훈련 과정에 다양한 시사점을 제공해 준다. 특히 승마지도사 관련 시험 출제 대상 과목 및 교육훈련 과정이 3개 과목(마학, 마술학, 말 보건관리)으로 편성되어 있으나, 직무분석 결과 '승마장 운영 및 관리'와 '승마교육론'이 추가로 수정 및 보완 필요가 있음을 알 수 있었다. 또한 직무분석의 작업과 임무는 작업 프로파일 및 작업명세서로 활용될 수 있는 자료로서 활용되며, 이러한 자료는 훈련 과정과 출제 기준의 자료로 활용할 수 있을 것이다. 이 연구를 통해 추후 승마지도사 자격 종목에 대한 재 설계 및 자격 내 직무의 내용과 역할에 따라 수준을 구분하고, 이를 자격으로 연결할 수 있는 연구가 필요하다. 또한 승마지도사 자격의 활용성을 제고할 수 있는 방안과 함께 관련 연구가 요구된다.