• Journal of the Korea Society of Computer and Information
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• v.26 no.10
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• pp.147-155
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• 2021

If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.

• Journal of Digital Convergence
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• v.9 no.4
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• pp.19-28
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• 2011

Nowadays Several Countries like USA and Republic of Korea introduced Electronic Litigation System in the civil sector, and this introduction of electronic system affected several changes dramatically management environments of many firms. Especially in Republic of Korea this electronic litigation system is introduced by the purpose such as decrease paper document, cost down of litigation and the transparence, but till now most enterprises don't prepare about electronic litigation. This introduction of electronic litigation system changes the circumstance of the law environment, firms have to prepare solutions about changes of litigation systems and changes of firma management systems.

• 발명특허
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• v.37 no.3
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• pp.52-61
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• 2012

• 발명특허
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• v.37 no.4
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• pp.44-52
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• 2012

• Journal of Software Assessment and Valuation
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• v.16 no.1
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• pp.1-11
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• 2020

The March 29, 2016, amendment to the Civil Procedure Act introduced changes to the appraisal procedures, including new obligations for appraisers, changes in the modes of appraiser testimony, and questioning of appraisers through video conferencing, with all seemingly aimed at procedurally addressing the issues with appraisal in the context of court proceedings. The changes introduced by the amendment also affect the appraisal procedures for copyrights. In light of the above, this article examines how the amendment to the Civil Procedure Act affects the appraisal procedures for copyrights. Specific issues covered by this paper include: appointment of additional appraisers, prohibition of delegated appraisal, operation of the multiple appraisal system, disclosure of participating experts, proximity of the appraiser system, and congruence of areas of expertise.

• Journal of Legislation Research
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• no.44
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• pp.435-464
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• 2013

의료민사소송은 그동안 의료행위가 지니고 있는 전문성, 밀실성, 폐쇄성 등의 여러 가지의 특수성으로 인하여 소송이 장기화되고 경제적 비용이 상당하게 소모되었다. 또한 법원의 판결이 이루어지더라도 당사자들이 이를 신뢰하지 못하는 등의 이유로 신속성과 공정성에 문제점이 지적되었다. 이 때문에 소송 대체적 분쟁해결제도로서 의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률상의 의료분쟁조정 및 중재 절차가 탄생하게 되었다. 그러나 의료분쟁조정법 제27조 제8항에서 피신청인이 14일 동안 의사를 표명하지 않는 경우 거부의사로 간주되고, 이 경우 한국의료분쟁조정중재원장이 각하결정을 하여야 한다고 규율함으로써, 조정의 개시 조차 순탄치 않은 것이 현실이다. 본고에서는 우리나라 의료분쟁의 최근 현황을 확인해 본 후, 의료분쟁조정법상 조정의 신청에 관한 조문인 제27조에 대한 입법안을 비교 점검한 후 다른 ADR 관련 법률이나 민사소송법상의 조문과 비교하여 불합리한 점이 있는지를 검토하고, 동조의 개선방안을 제시하고자 한다. 또한 2013. 4. 8.부터 시행이 되고 있는 불가항력적 산과 사고에 대한 무과실보상제도와 관련하여 동조가 미치는 영향 등에 대해서도 논의하고자 한다.

• 월간낙농육우
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• v.17 no.6 s.182
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• pp.134-136
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• 1997

• The Korea Swine Journal
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• v.12 no.5 s.129
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• pp.98-100
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• 1990

• Convergence Security Journal
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• v.13 no.5
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• pp.137-145
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• 2013

The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.57-81
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• 2016

It can determine the outcome of the lawsuit whether or not there is a causality between the medical malpractice of a physician and the patient's injury when the patient is filing a lawsuit against the physician in order to pursue civil liability for a medical accident. In medical malpractice lawsuits, it is not easy to judge causality between different civil cases because of the special nature of medical care. Also, information such as medical records is concentrated on doctors and the medical knowledge of the patient is relatively insufficient compared with the doctor. Therefore, it is recognized through medical malpractice lawsuits that the burden of proof of the causality burdened by the plaintiff patient is relaxed. In this paper, I examine the legal theory on how to recognize causality in medical civil liability and then concern the attitude of the case in Korea, which is divided into the types of the causality - such as the case of general medical practice, explanation duty, no causality with medical malpractice.