• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.121-146
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• 2018

In traditional international law, a state was internationally responsible only for its activities. With the diversification of the subjects of international law and with the expansion of state's activities, however, bearing international responsibility by the state for its nationals or private enterprises has been recognised in international case law and states practices. Also, this was codified in 2001 by International Law Commission, finishing Draft articles on Responsibility of States for Internationally Wrongful Acts. Yet, international responsibility of state for private entities carrying out space activities including launching of satellites and space launch vehicles has been dealt with as an exception from state responsibility in general international law. As we have seen the successful launching of 'Falcon Heavy' by SpaceX which is an american private entity, the private activities in outer space are expanding to even as far as deep space such as Mars. In other words, the scope of the private activities is too enormous to deal with the activities, irrespective of general theories on state responsibility in international law. Therefore, it will be significant to see the constituent elements of state responsibility for private activities in outer space from the point of general international law, without prejudice to provisions related to international space law.

• Korean Journal of Construction Engineering and Management
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• v.2 no.4 s.8
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• pp.69-79
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• 2001

Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.

• Journal of Digital Convergence
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• v.14 no.6
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• pp.51-60
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• 2016

The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

• Electric Engineers Magazine
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• v.241 no.9
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• pp.40-44
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• 2002

제조물책임법은 현재 본 제도를 도입하여 입법화하는 국가들의 특수성에 따라 법의 제정 형식과 내용 등이 서로 상이하며 특히 미국은 제조물책임법을 세계에서 처음으로 적용한 국가로 유명하다. 미국은 1964년 캘리포니아주 대법원이 처음으로 제조물 생산자의 무과실 책임을 판례로 채택한 이후 70년대 들어 각 주에서 이 판례를 채택함으로써 소비자 보호에 크게 기여했다는 평을 듣고 있으며 1970년에서 80년대 들어서는 결함 제조물책임 원칙이 비약적으로 발전하였으나 소송의급증으로 제조업계 및 책임보험업계가 위기에 직면하기도 했다.

• Korea Trade Review
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• v.41 no.2
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• pp.1-28
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• 2016

The purpose of this study is to identity the relationship between CAGE distance and Korean foreign subsidiaries' social responsibility, which is divided into responsive and strategic activities. The hypothesis is that CAGE distance has positive relationships with subsidiaries' social responsibility to overcome local liabilities of foreignness and acquire social legitimacy. The key findings are as follows. Firstly, culture distance has positive significant impacts on subsidiaries' social responsibility activities. It especially has positive influences on strategic CSR. Secondly, administration distance has no impacts on subsidiaries' social responsibility. Thirdly, geographic distance also has positive impacts on subsidiaries' social responsibility activities, especially on responsive CSR. Lastly, economic distance has significantly negative effects on social responsibility. This empirical study identifies the relationships between cross national distance and subsidiaries' social responsibility. Culture and geographic distance has positive influences on subsidiaries' social responsibility. Market seeking subsidiaries group shows more positive relationship between culture distance and social responsibility activities, which means that foreign subsidiaries would engage in social responsibility activities for strategic purpose.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.21-26
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• 2006

A contract for shipbuilding is usually a complicated process and involves a statement of rights, and obligations and responsibilities to which each party agrees vis-a vis the other. Most countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other hand, for pure economic loss to remote owners of chattels. Where there is a breach of either contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. First of all, this thesis deals with the contents of contract under English Law. Secondly, this thesis analyse ' s the liability of shipbuilders in Products Liability under English, United States, German and korean Law comparisons. In conclusion, the author gives some suggestions as countermeasures to Products Liability for the shipbuilders in Korea.

• Korean Journal of Social Welfare
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• v.64 no.4
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• pp.261-284
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• 2012

This article attempts to discuss the childcare regime through examining the way familialism is expressed in society. First of all, this study reconceptualizes familialism and familism. From this conceptualization, this paper argues that although familialism is partly related with the level of development in a welfare state, familialism determines the way of welfare provision. Especially, family policy models are classified into 6 different typologies based on four concepts: defamilialization, familialization, public, and private. According to this discussion, familialism in child care is not simply the result of underdeveloped welfare in Korea. Rather the familialism is deeply rooted in the current socioeconomic circumstance and traditional culture in Korea. This implies that despite of expanding the institutional infrastructure of public childcare, the characteristic of Korean childcare regime would not be the same as the Nordic childcare regime.

• Proceedings of the Korea Contents Association Conference
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• 2006.05a
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• pp.322-326
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• 2006

There are the road of the artificial government property and rivers of the natural government property in representative Public Facilities applied National Reimbursement Law. Art.5. Doctrine on Responsibility of Public Facilities. Recently damage of a people has frequently been occurring caused by the flood of rivers and the flood disaster, and a people tends to request national reimbursement regarded it not as a natural disaster but as a man-made disaster. Especially the flood repeatedly occurred by the flood of rivers and destructive of the embankment of rivers, and it is also occurring in repairing rivers. Therefore a nation have to take responsibility of compensation for damage because of defect of conservation of rivers, and pay attention to improving the facilities of conservation and at the same time expand the range of responsibility. Thus the range of this study limits the national reimbursement of conservation of rivers among National Reimbursement Law. Art.5. Compensation for Damages on Defect about an Establishment and Management of public Facilities. Within this range, the objection of this study is to seek controversial issues and solutions, which belong with national reimbursement responsibility about conservation of rivers, as every principle of law and precedent coming under natural government property about compensation for damages caused by defect of conservation of rivers is analyzed and examined.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2017.11a
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• pp.609-624
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• 2017

4차 산업혁명을 위한 국가연구개발사업에서 연구자 중심의 자율과 책임이 강조되고 있다. 자율과 책임의 연구문화를 위해서는 연구자의 자율성 보장을 확대하는 한편 책무를 다하지 못한 연구자에 대해서는 일관성 있는 제재조치를 강구해야 한다. "과학기술기본법", "국가연구개발사업 관리 등에 관한 규정"에 따를 때 연구자에게 부여되는 제재조치는 크게 참여제한, 사업비 환수, 제재부과금으로 구분될 수 있는데 본 연구에서는 일정기간 연구자의 국가연구개발사업에 참여를 제한하는 제재조치에 초점을 맞추어 살펴보고자 한다. 현재 법령상의 국가연구개발사업 참여제한 조문 규정은 연구자의 책임성 강화를 위한 '가중 규정'을 신설하는 과정에서 일부 법령 해석상의 문제가 제기되었다. 따라서 본 연구에서는 "과학기술기본법", "국가연구개발사업 관리 등에 관한 규정"의 참여제한 규정을 중심으로 연구개발과제의 수, 참여제한 사유의 동일여부, 적발시점에 따라 사례를 구분해 현 참여제한 제재조치 규정을 적용해보고 발생할 수 있는 문제점을 살펴봄으로서 4차 산업혁명 시대 연구자에게 책임감을 부여하기 위한 제재조치의 일관성을 확보 할 수 있는 개선방향을 제언하고자 하였다.

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.201-201
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• 2017