• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.29-56
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• 2016

$F{\ddot{u}}r$ den Schadensersatzhaftung des Arztes, sog. die Arzthaftung, ist es vornehmlich vorauszusetzen: die $Sch{\ddot{a}}digungsbehandlung$ des Arztes, die Rechtswidrigkeit und das Verschulden. Zur Problematik der $Fahrl{\ddot{a}}ssigkeit$ in der Stufe des Verschuldens handelt sich es in dieser Beitrag um die Kritisierung der Rechtsprechung. $F{\ddot{u}}r$ die Entscheidung des Verschulden im medizinischen Fehler kommt es darauf an, ob die Sorgfaltspflicht des Arztes verletzt wird. $Daf{\ddot{u}}r$ wird der medizinische Standard rekurriert, den die Rechtsprechung nicht aus materieller, sondern aus normativer Sicht begreift. Erstaunlich $un{\ddot{u}}bereinstimmend$ mit deren Leitsatz wird der medizinische Standard als $Ma{\ss}stab$ der Sorgfaltspflicht materiell - zutreffend nur im Ergebnis - behandelt. Die Sorgfaltspflicht in der Medizin bedeutet nicht die natur-wissenschaftliche Erkenntnisse, sondern eine "Best-$M{\ddot{u}}ssen$" Pflicht. Demnach ist der Standpunkt der Rechtsprechung, wonach den med. Standard normativ bewertet und die Sorgfaltspflicht darduch wieder normativ entscheidet, nicht anders als eine $w{\ddot{o}}rtliche$ Wiederholung. Die Arzthaftung in der Rechtsprechung ist aufgrund mit der Verneinung von der Sorgfaltspflichtverletzung nicht angenommen, welche in der Tat jedoch aus verschiedenen $Gr{\ddot{u}}nden$, wie die Rechtswidrigkeit, die $Fahrl{\ddot{a}}ssigkeit$ oder $Kausalit{\ddot{a}}t$, nicht angenommen. Der $Fahrl{\ddot{a}}ssigkeitsbeweis$ in der Rechtsprechung entwickelt sich mit dem Beweis nach objektivem $Ma{\ss}stab$, der Vermutung nach Anschein-Beweis und der $Beschr{\ddot{a}}nkung$ mit der Wahrscheinlichkeit. Bei Letzterem $geh{\ddot{o}}rt$ es $schlie{\ss}lich$ zum medizinischen Bereich. Ein Eintritt in den fachliche Bereich im Rahmen der Beweislast stellt der Beweiserleichterung $gegen{\ddot{u}}ber$. Aus diesem Hintergrund ist ${\S}630$ h Abs. 5 BGB bemerkenswert, wonach das Vorliegen eines groben Behandlungsfehler $regelm{\ddot{a}}{\ss}ig$ zur Vermutung von der $Kausalit{\ddot{a}}tszusammenhang$ $f{\ddot{u}}hrt$. Dieser Paragraph ist inhaltlich als Beweislastumkehr angesehen. Damit ist es von Nutzen im Fall des groben Fehler, der beim - elementaren - kunstgerechten Verhalten nicht entstanden $h{\ddot{a}}tte$, wie $Hygienem{\ddot{a}}ngel$, ${\ddot{U}}berdosierung$ des Narkotikum.

• Journal of Distribution Science
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• v.9 no.2
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• pp.37-47
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• 2011

Our distribution industry still lacks legal and institutional supplementary frameworks. Therefore, we urgently need systematic supporting schemes for targeting small merchants, including those in traditional markets. In 2004, the scope of and target for traditional markets took shape through the enactment of the 'Special Act for Nurturing the Traditional Markets'. Though restricted to a single market, it expanded the target and scope to include markets and stores, market improvement districts, and business improvement districts. However, the Special Act for Nurturing the Traditional Markets, the criterion for the revitalization of and support for the traditional market, applies a uniform standard. Accordingly, the Special Act for Nurturing the Traditional Markets has revealed problems, such as the deficit of legitimate ideas about unregistered markets. This study identifies the problems with the Special Act for Nurturing the Traditional Markets. We take the Moranjang case as an example. This study offers the problems new insight. We discuss the problems in terms of their empirical reality. We focus on unregistered markets, which are not protected by law. Most previous studies have applied empirical methods, but this study also provides legal and institutional perspectives on the prospect for efficient outcomes by applying the normative study methods applicable in the field.

• Journal of Navigation and Port Research
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• v.43 no.6
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• pp.444-449
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• 2019

The "Standard on Cargo Stowage and Securing" implemented to safely stow and secure the cargo of international shipping vessels and domestic car ferries, has also been applied to general cargo ships transported between domestic ports since J anuary 2018. As a result, a new type of cargo, such as a non-standardized steel box transported by general cargo ships to major ports in Korea from Jeju Island in Korea, must be factored as the method of safe stowage and securing according to the legal classification of cargo. This study analyzed the legal status of a steel box by analyzing the actual size, shape of steel box through field verification, collection of data from relevant agencies and finally proposed the methods of safe stowage and securing for a steel box in the cargo holds of general cargo ships. According to the relevant domestic laws and international regulations, steel boxes could be classified as pallette boxes with protective outer packing, a type of non-standardized cargo. Additionally, when a steel box is loaded into the cargo hold of general cargo ships, a method of loading and transporting them must be factored so that there is no gap in the cargo hold of ships. Verification of the safety of the tightly loading and transportation measures in the reviewed cargo hold was verified through safety of the hull structure and securing of the ship's stability. As a result of verification of the safety of the hull structure, the value of the structural strength on both sides and the floor of the cargo hold for the total weight of cargo that can be loaded in the cargo hold was satisfied, and the value of the ship's stability was satisfied with the value of GoM and the restoration of the three cross-sectional stability curve areas.

• Journal of Nutrition and Health
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• v.47 no.2
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• pp.134-144
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• 2014

Purpose: The purpose of this study is to identify factors affecting fruit consumption behavior by application of the Theory of Planned Behavior. In addition, this study examined the moderating effect of a fruit eating habit. Methods: A total of 734 consumers who have ever purchased fruit participated in this study. Results: Results of this study showed that attitudes toward fruit intake, social norms, and perceived behavioral control had significant impacts on the level of fruit intake. Fruit eating habit that showed high correlation with eating behavior was also included in the model identifying factors having an influence on fruit intake. Attitudes toward fruit intake, social norms, and perceived behavioral control had a positive influence on intention to intake fruit. Fruit eating habits played a moderating role in the relationships between intention to intake fruit and real fruit intake. Conclusion: Increasing positive attitudes toward fruit intake, social norms, and perceived behavioral control would be helpful in increasing the amount of fruit intake.

• Archives of design research
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• v.12 no.3
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• pp.167-176
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• 1999

This article analyzed the recent Korean accessibility standard supporting the people with disabilities. This is the basic study to make the interior environment more comprehensible and safer for the physically handicapped. Researcher selected the interior elements related to the mobility and accessibility for the physically handicapped. Then the '98 Korean accessibility standard code called 'Pyunui Chungjin Pup' were compared with the previous Korean building code and two other guidelines for evaluations. Result showed that 'Pyunui Chungjin Pup' addressed more obligatory items in facilities used by people with disabilities. That contributed to develope the accessible environments and to offer the independent activity in the society for the disabilities. However dimensions of 'Pyunui Chungjin Pup' showed the minimum standard. Also it did not provide the sufficient design considerations to make up the sufficient design considerations to make up the other types of disabilities including sensory limitations, or cognitive function limitations. Hereafter, the quality of accessibility guideline should be raised with further study.

• Journal of the Korean association of regional geographers
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• v.18 no.4
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• pp.374-387
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• 2012

EU's future frontier remains indefinite but it is directly linked to the principle of entry into the EU. EU has been defining that the 'european nation' sharing with a EU's value and norms can enter into the EU. If so, what is the criteria of EU? The criterion of 'european nation' will be a theoretical basis of an estimation of the EU's future frontier. However, the future frontier based on the geography, the culture and the intension of nation is only the potential frontier. It will be changed by the political decision makers' negotiation and power. EU's enlargement policy is one of means to retention of the international power in the situation that a few nations gradually dominate the world. Therefore the EU's frontier will be continually changed and created by the EU's political adventure.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.33 no.2
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• pp.455-464
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• 2013

If North Korea continuously remains an isolated nation without social interaction with South Korea, the gaps in the theoretical and technological status in construction technology become greater between North and South Korea. Therefore if interactions between North and South Korea can be made, there will be significant improvement in infrastructure technological performance can be made(i.e., Reinforced Concrete bridges). This study was performed to compare and analyze data related to the design standards of North Korean RC bridges and to execute a structural analysis based on standard design specifications of RC slab bridges. Especially, basic study of analyzing the influences on design truck loads of North and South Korea was conducted for the purpose of predicting the performance of North Korean RC slab bridges and the safety levels of traveling vehicles in advance. It is expected that the results of this study can be used as fundamental data for the set-up of South-North RC bridge specification when South and North Korea enter a stage of cooperation and interaction between South and North Korea are actively pursued to prepare for reunification.

• Journal of the Korean Society for Library and Information Science
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• v.50 no.2
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• pp.101-118
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• 2016

For the effective classification of complex subjects, a library classification scheme should adopt multiple division principles (or facets). Each of the multiple principles adopted for the division of complex subjects is sequentially applied at each stage of division. The order of application of these multiple principles during the process of division of complex subjects is called citation order. In order for a classification scheme to be consistent and logical, the citation order of division principles applied to classify complex subjects should be concrete and consistent. Especially, in case of enumerative classification system, decisions on citation order to represent complex subjects significantly affect the structure and organization of the classification system. There are basic principles and theoretical canons of the classification theory on the citation order and its application, but they cannot be applied solidly in the process of classification system development for practical reasons. Therefore, this paper first reviews previous works on classification theories regarding citation order, then explores the conditions and circumstances for the application of citation order.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.3-36
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• 2016

Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.205-237
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• 2014

Last 50 years there were a lot of space subjects launched by space activities of many states and these activities also had created tremendous, significant space debris contaminating the environment of outer space. The large number of space debris which are surrounding the earth have the serious possibilities of destroying a satellite or causing huge threat to the space vehicles. For example, Chinese anti-satellite missile test was conducted by China on January 11, 2007. As a consequence a Chinese weather satellite was destroyed by a kinetic kill vehicle traveling with a speed of 8 km/s in the opposite direction. Anti-satellite missile tests like this,contribute to the formation of enormous orbital space debris which can remain in orbit for many years and could interfere with future space activity (Kessler Syndrome). The test is the largest recorded creation of space debris in history with at least 2,317 pieces of trackable size (golf ball size and larger) and an estimated 150,000 debris particles and more. Several nations responded negatively to the test and highlighted the serious consequences of engaging in the militarization of space. The timing and occasion aroused the suspicion of its demonstration of anti-satellite (ASAT) capabilities following the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris. Therefore this breakup seemed to serve as a momentum of the UN Space Debris Mitigation Guidelines and the background of the EU initiatives for the International Code of Conduct for Outer Space Activities. The UN Space Debris Mitigation Guidelines thus adopted contain many technical elements that all the States involved in the outer space activities are expected to observe to produce least space debris from the moment of design of their launchers and satellites until the end of satellite life. Although the norms are on the voluntary basis which is normal in the current international space law environment where any attempt to formulate binding international rules has to face opposition and sometimes unnecessary screening from many corners of numerous countries. Nevertheless, because of common concerns of space-faring countries, the Guidelines could be adopted smoothly and are believed faithfully followed by most countries. It is a rare success story of international cooperation in the area of outer space. The EU has proposed an International Code of Conduct for Outer Space Activities as a transparency and confidence-building measure. It is designed to enhance the safety, security and sustainability of activities in outer space. The purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security. Of the space issues, the space debris reduction and the space traffic management require some urgent attention. But the current legal instruments of the outer space do not have any binding rules to be applied thereto despite the incresing activities on the outer space. We need to start somewhere sometime soon before it's too late with the chaotic situation. In this article, with a view point of this problem, focused on the the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris and tried to analyse the issues of space debris reduction.