• Journal of Korea Port Economic Association
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• v.28 no.1
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• pp.83-104
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• 2012

The main purpose of tramp ships in shipping markets is to produce operation profits by minimizing the running days in a contract of the voyage charterparty. It is an especially difficult task for the owners to earn operation profits in the present recessional shipping market. Tramp ships are moving towards globalization in order to look for a variety of cargoes, which are distinguished from the liners operating regularly as per the fixed time schedule. Tramp shipping, therefore, requires special attention every voyage to secure operation efficiency which comes from minimized sea and laytime in port. The laytime is allowed by owners but if the charterers use more laytime than that which is incorporated in the charterparty, then a compensation known as 'demurrage' must be paid to owners. Conversely if the time is shorter this is called 'despatch' and in this case the owners are paid. As the laytime issue in the voyage charter is somewhat delicate, it often causes much disputes between charterers and owners during the cargo handling in ports. This study focuses on the charterers' right and duty on the laytime which is usually applied for the benefit of the charterers. Reference is also made to English law cases to reinforce this study and the conclusion will make relevant suggestions for further research.

• Journal of the Daesoon Academy of Sciences
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• v.43
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• pp.67-102
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• 2022

The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.49-79
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• 2021

Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

• Journal of Family Resource Management and Policy Review
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• v.13 no.4
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• pp.115-139
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• 2009

This study focused on the development of a scale measuring the effect of consumer education. The purposes of this study were to develop a tool which could measure consumer knowledge, consumer attitudes and consumer behavior. Data were collected from 266 college students. Analysis was done using frequency, cross tabulation analysis, reliability test, principle components factor analysis, confirmatory factor analysis (Amos 5.0), and multiple regression analysis. The results from this study were as follows: 1) Nine consumer knowledge factors (23-items) were identified: consciousness of consumer education and evaluation, consumer rights and allowance management, methods of consumer education and consumer institutions, green energy and environmental consumption, essence and content of consumer education, consumer rights and consumer duty, critical consideration and consumer's damage salvation, buying minds and decision-making, independent consumers. Total variance was 58.4%. Cronbach's alpha for the nine factors ranged from .68-.79. 2) Five consumer attitude factors (26-items) were identified: green environmental consumption, consumer's role and rights, resources saving and consumer's damage salvation, consciousness of consumers, and right consumption. Total variance was 59.2%. Cronbach's alpha for the five factors ranged from .89-.94. 3) Seven consumer behavior factors (27-items) were identified: social role and rights of consumer and consumer movement, right buying and segregated garbage collection, green environmental consumption and resources saving, altruism and decision-making, allowance management and impulse buying, consumer's damage salvation, and consciousness of consumer. The total variance was 59.1%. Cronbach's alpha for the seven factors ranged from .77-.88. Finally, a scale measuring the effect of consumer education consisting of 76 items (consumer knowledge: 23 items (9 factors), consumer attitude: 26 items (5 factors), consumer behavior: 27 items (7 factors)) was constructed.

• Journal of Korean Academy of Nursing Administration
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• v.4 no.2
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• pp.321-349
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• 1998

Since 1990 the effort for unification has been active in each department of our society. But the study for health policy in Unified Korea has been scarce. Unified Korea should be a democracy and a constitutional state. So we should have lively discussion on the health law as well as unified general laws. The purpose of this study is to compare the health law of South Korea and North Korea and to understand the differences in them. We guess both Korea are considerably different each other. But this study found out that there are many health related laws that have same goals and contents. The reason for this is that both health laws have its root in Korea Law. And the right to health is the social basic right. whose characteristic can not be compatible with market economy and demands state intervention for securing the right to health. The health related laws are divided into 4 fileds. 1. There is a field A which is affected by unified political and economic system and differs little from the law system: the license system of medical personnel. 2. There is a field B which is seldom affected by unified political and economic system and differs little from the law system: the right and duty of medical personnel. quarantine law. 3. There is a field C which is affected by unified political and economic system and differs greatly from the law system: health institution law(exclusive of quarantine law), the laws of medical personnel category, of research center(especially per-mission, registration and establishment). of the role of basic health in private and public area. 4. There is a field D which is seldom affected by unified political and economic system and differs greatly from the law system: health equipment law(the laws of drugs, of cosmetics and of medical instrument. of blood management). the laws of health knowledge. of cooperation in chinese medicine and western medicine. the health promotion law. the rules of first-aid. the law of separation of dispensary from medical practice. The laws which are seldom affected by political and economic system can be consolidated. which in turn can be revised and enacted before unification of Korea through the interchange between North Korea and South Korea and the support to North Korea health system.

• Journal of Korean Academy of Nursing
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• v.24 no.2
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• pp.190-205
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• 1994

Respect for human life and respect for human dignity are two basic values to which organized nursing has urged its members to adhere in their service to mankind. Thus it is the nurses’ duty to provide health care in support of sustenance of life and to pay respect for the patient’s right to dignity. In practice, however, nurses may experience dilemmas between these duties much due to the de velopment of modern advanced techniques. These dilemmas have become more complex and difficult to resolve. Nurses are often faced with situations in which the terminally ill refuse professional care, posing serious conflicts between respect for human life and respect for human rights to self-determination. In such cases, resolution of the problem is not a simple matter, thus requires intensive study into the ethical questions related to the situation. The purpose of this study was to identify ethical problems that nurses experience in caring for terminally ill patients and explore the ways to the resolution of problems within the context of the situations. The methodology used for the study was a case study method which ‘New Casuistry’ proposed by Jonsen & Toulmin(1988) and the ‘Specified Principlism’ proposed by Degrazia(1992) as an alternative to old deductive and intuitive method. Cases were developed through semistructured indepth interviews according to the casutistry method. A total of seven nurses were interviewd who were caring for therminally ill patients. Four cases out of a total 14 cases were related to the topic. Through the case analysis it became evident that nurses appreciated other values more often than respect for the patient’s right to self-determination. These other values were convenience and efficiency in nursing practice in case 1, preservation of life above all other values in case 2, provision of nursing care to fulfill the nurse’s professional obligation at most in case 3, and respect for the family’s demand against the patient’s wish in case 4. This study showed that the most important ethical problems were conflict between respect for the patient’s right to self-determination and sustenance of life for the fulfillment of professional obligation. For this problem, benefit /burden analysis from the perspective of the patient and family for the promotion of patient’s wellbeing may be a way to resolve the conflict. Further, through these analysis it was shown that physicians’ and families’ opinions dominated in the decision - making and the opinions of nurses’ and patients’ tended not to be reflected. Thus the patient's right to his or her care was not readily respected. To solve this problem. nurses should make efforts to communicate reciprocally with their patients, family members and physicians in an effort to respect for their patient’s rights to life and diginity from the point of view and values of the patient. It is also important that nurses provide good basic nursing care up to the time of death regardless of decisions about providing or not aggressive treat-ment for chronically and terminally ill patients.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.201-238
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• 2009

The purpose of this paper is to describe the contents and issues of the draft legislation of Part VI the Carriage by Air of Korean Commercial Code in respect of the domestic carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999 for the unification of certain rules for international carriage by air and the related provisions of Korean Commercial Code in respect of the carriage by land and sea. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by Air are composed of the provisions in respect of the liability of the carrier, the rights of the consignor and consignee, the transport document and others. In respect of the carriage of cargo by air, the issues on the draft legislation of Part VI the Carriage by Air are the problems with respect to the extinguishment of the liability of the carrier, the application for the non-contractual claim, the liability limit of the servants or agents of the carrier, the right of disposition of cargo, the effect of breach of the provision in respect of the air transport document, the prescription of claim of the carrier, the immunity reasons from liability of the carrier for the loss or damage of the cargo, the making out of the air waybill, and the effect of the statement of the air transport document. In conclusion, the national legislation of Part VI the Carriage by Air of the Korean Commercial Code will protect the right and interest of the consignor and consignee, and clarify the right and duty of the parties to the air transport. Also it will contribute to the development of the air transport industry in Korea.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.199-239
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• 2010

In 2008, the Korean Supreme Court came across a plaintiff's claim to return his deceased father who had left family more than four decades ago and lived with another spouse(de facto) in the meantime to be buried after death in a cemetery of his own choice. The major opinion decided to approve the claim, on the ground that the first legitimate son should be the "head worshiper" prescribed in the article 1008-3 of the Korean Civil Code and that the corpse belong to the head woshiper, i. e. the head woshiper has a special "limited ownership" over the corpse for the purpose of its burial and worship, adding that a deceased's disposition inter vivos, if any, be only ethically but by no means legally binding others, including the head worshiper of course. Here scrutinized are the historical developments starting from the Roman criminal law of sepulchri violatio(trespass to grave) through the Canon law of the Middle Age and the doctrinal reactions to the challenges of anatomy and surgery to the formation of the "supporting the deceased" theory in Germany as well as the similarities in other european continental countries(Switzerland, Austria and France). The comparative review shows that the right of remaining family could neither be identified as limited "ownership" nor that the controversy over a corpse be solved by exclusively attributing/distributing it to one/some of the descendants. In principle, the question should be approached in the extension of family support.

• The Korean Journal of Emergency Medical Services
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• v.5 no.1
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• pp.133-145
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• 2001

The scale of disasters is very large, also the influence of disasters is irreversible. Korean people has continuously learned how to deal with disaster management law. However, as time goes by after the many disaster, the concern with the disaster management by the people seems to become old and banal topic which nobody has interest in. If so, can it be said that our society is safe from the disaster? This study start from critical mind of asking this question. This study puts an emphasis on the problems such as following; To realize whole concept of disaster management provided in the basic civil defense law, the combined disaster management should be required to be established, the combined law should play a integral part for prevention for the disaster and should be a concrete basis of various laws for disaster management. Establishing a consolidated organization for disaster managing and united response organization is necessary. This consolidated organization is not temporary one such as civil disaster control headquarter but permanent one such as Disaster Management Office which controls an over all aspects of disaster management. Temporary organization should not be divided into natural calamity and man-made calamity but integrated one as a single control tower for all sorts of disasters. The police and army under fire fighting system should be reconsidered. It is necessary to make leadership system on the disaster place more substantial centered around present fire fighting system. To do so, more clear division of duty is required. The working condition should be improved so that all public servants in this agency can play their roles with pride and worth. The resource owned the existing administrative organization must be used by an appointment system. And to manage a large scale of disaster, it is necessary to have interorganizational network system which many specialized organization including volunteer group are integrated. And the natural disaster happen, many professionals and volunteers are distributed to the spots of disaster in the right man in the right place. Finally, citizen's consciousness about safety supervision needs to be recover.

• Journal of Korean Medical classics
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• v.29 no.1
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• pp.65-76
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• 2016

Objectives : Generally, pulsation is influenced by climate change in the realms of nature. However, there is a theory explaining a phenomenon in which the pulse gets weaker and even absent for no reason, without affected by diseases; this is the Theory of South and North Politics with which medical practitioners need to be familiar when taking the pulse of patients. Methods : The researcher considered all the previous annotations and the original text of SuWen (素問) ZhiZhenYaoDaLun(至眞要大論). Results : In Five Elements' Evolutions, JiaJi(甲己) becomes Tu(土), which turns itself into the king, an honorable duty. JiaJi is a period of South Politics because it looks south to give an order while the rest eight years is a period of North Politics because they are headed north to receive an order. Conclusions : Since South Politics years look south as a standard, Cun(寸) is located at the south and Chi(尺) is at the north. Controlling the Heaven energy(司天) is located at the south and Effecting the Earth energy(在泉) is at the north. Therefore, if Sanyin is Controlling the Heaven energy(三陰司天), the Cun pulse is absent; if Shaoyin is Controlling the Heaven energy(少陰司天), Cun pulses on both wrists are not felt; if Jueyin is Controlling the Heaven energy(厥陰司天), the Cun pulse on the right wrist disappears; if Taiyin is Controlling the Heaven energy(太陰司天), the Cun pulse on the left wrist is not felt. In the case of Chi, if Sanyin is Effecting the Earth energy(三陰在泉), the Chi pulse is absent; if Shaoyin is Effecting the Earth energy(少陰在泉), Chi pulses on both wrists are not felt; if Jueyin is Effecting the Earth energy(厥陰在泉), the Chi pulse on the right wrist disappears; if Taiyin is Effecting the Earth energy(太陰在泉), the Chi pulse on the left wrist is not felt. North Politics years appears conversely as compared with South Politics years.