• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.23-30
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• 2001

The Financial Cost in construction industry today is tend to increasing the burden of business management on account of lowered profit due to the mege-competition and decreasing investment of construction, multi-interfacing. system in it's attribute and various unreasonable governeing enactments. It is becoming the most important aspects for the management of construction business on how to preserve the profit from the various risks. The ultimate aims of this study is to pursue the contractual equity between the parties by establishing the fundamentals of framework for the compensation of Financial Charges through the review of the precedent studies and analysis of inquiries. As a result of the study, improvable measures for any practical inequality and/or institutional defects of current public contract system in recovering the Financial Cost incurred to Contractor are delivered as below; (1) $\lceil$Working Rules for Construction Industry Accounting Standards$\rfloor$ shall be amended and supplemented so as the incurred interest to be recognized as an operative cost by live return over the collection period. (2) The long-term phase contract system of which is enforcing contractor to bear the certain losses shall be diminished and/or abolished gradually. (3) The unreasonable legislations on compensation for financial cost in contract conditions shall be improved in response to practical circumstances. (4) The use of Critical-Path Method for Time Management shall be activated together with EVMS. (5) Independent application of Contract Enactments for construction industry shall be adopted.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.33-54
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• 2008

The damage to the third parties caused by aircraft in flight shall be fully compensated to the extent that the damage didn't occur unless the damage is caused by innocent victims. However, related international Conventions limit operator's liability of compensation to certain levels, which is one of the main reasons that such international Conventions have not been ratified by many aviation leading States. However, international community has agreed, since 9/11, that the accidents caused by terrorists and the protection of the third parties need to be addressed more actively. And the amendment of the related Rome Conventions has been drafted under the ICAO leadership by the special committee that was organized to modernize the related international Conventions. This study addresses the issues related to the draft Conventions, the draft Convention for Damage caused by Aircraft to Third Parties, in case of Unlawful Interference and the draft Convention on compensation for Damage caused by Aircraft to Third Parties. It is expected that it takes considerable time to reach an agreement on all the issues from appropriate apportionment of liability between the government and operator to the details regarding the management of Supplementary Compensation Mechanism. Under the circumstances where the needs for the air transportation as well as threats of terrorism increase, the new international Convention should be prepared taking into consideration the balance between the protection of the innocent third parties and that of air transport industry including air carriers. Along with this, the Republic of Korea should actively participate in the process of amendment to the related international Conventions to protect the life and property of the people from anticipated damages.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.9
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• pp.5865-5874
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• 2015

Large accidents such as the recent to the ringing years Pat disaster they become apparent in the human resources, the cause of the accident is also the site corresponding manual member and management blind spots, are aggregated such as safety frigidity. Big problem is safe frigidity of workplace than accident. It is also a reason to introduce a punitive damages system in offices and business owners that caused the direct safety accident from this point. Punitive damages agent and compensation for mental damage, by so as to compensate for far more money than the actual damages, which carry a punishment nature to prevent a situation where the tort is repeated. Currently, it admits "compensatory damages system" corresponding to the damage that gave basically damage by law, but are subject to criticism that not properly relief victims. However, there is a need for the introduction of punitive damages system for safety accident prevention. This is, this system, while to prevent the recurrence of the reverse safety accident, strive to investment and management for safety, healthy companies can operate in the direction of giving more opportunities, national companies that are ignoring and threatening the safety, but to leave because the match also to social justice.

• Korean Journal of Plant Tissue Culture
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• v.25 no.4
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• pp.219-223
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• 1998

Anthers contanining uninucleate microspores of eight cultivars of pepper were cultured on MS medium supplemented with 0.004mg/L 2,4-D and 0.1mg/L kinetin, 3% sucrose and 0.2% Gelrite, kept at $35^{\circ}C$ for 24 h, and then cultured at $25^{\circ}C$ with a photoperiod of 16 h daylight for 40 days. Frequency of embryoid and callus formation was varied with cultivars. Embryoid formation was found in Cheongyang and Fushimi Amanaga, while callus formation was in California Wonder, Fushimi Amanaga and Geoseong. In anther culture medium supplemented with 1% activated charcoal, embryoid formation was found with 0.5% of frequency only in Cheongyang, while no callus formation was found. In 1/2MS medium, frequency of embryoid formation in Shishitou, Yatsufusa and Taka no Tsume was 1.2%, 0.4% and 0.4%, respectively. On the other hand, in 1/2 B5 medium, frequency of callus formation in Yatsufusa and Taka no Tsume was 2.8% and 2.7%, respectively. Embryoids transferred to hormone-free MS medium were developed to plantlets and acclimatized. The number of chromosomes in the root tip cells of the haploid plant was 2n=$\times$=12 in cv. Cheongyang.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.173-207
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• 2018

Japan is a super-aged society where the proportion of the people aged over 65 is exceeded 20%. Therefore, there are many accidents that occur in long-term care facilities in Japan, and there are many civil litigations. The Japanese court has acknowledged in many cases that the long-term facility is responsible for the damage to the elderly who is injured in the facility. The cases can be divided into ① tumbling down, ② wandering, ③ suffocation, ④ bedsore, and ⑤ accidents among the facility-users. In most cases, the court found that the facility violated its obligation to protect their users. This is not only the case where the manager or the employee of the facility violates the obligation to watch and care for the elderly, but in some cases, the failure to maintain the human and material system itself is recognized. The basis for such judgment is whether the facility can predict the possibility of an accident and whether the facility has taken measures to prevent accidents. Also, the Japanese court recognizes the transfer of burden of proof in order to expedite the victims' rights. However, the liability of the facility for damages should not be so heavy that it would be hesitant to allow a person to enter the facility and make a contract.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.77-116
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• 2020

The use of drugs that reflect the experiences and achievements of modern science has given human being the benefits of treating diseases and improving health conditions. However, in addition to the benefits of those, medicines have inherently inevitable adverse reactions. Many countries are taking measures such as market entry regulations or post-marketing surveillance to minimize damage caused by drug side effects, but the occurrence of side effects cannot be eliminated. Although the damage is force majeure, in some cases, the doctor who prescribed the drug or the pharmacist who administered the drug may have to compensate for the damage. The liability depends on whether the side effects were known in advance, the type of medicine, etc. On the other hand, in some cases, drug manufacturer may have to take liability for the side effect itself. As it is not easy for victims to be compensated for damages in those cases, many countries, including Korea, are setting to protect victims through the Product Liability Act. Drugs are also one of the product, so liability set by the Product Liability Act may apply. Even before the enactment and enforcement of the Product Liability Act, damage caused by drug has occurred. To resolve them, precedents have developed case law, which have many similarities with the Product Liability Act, but also have differences. Damage caused by drug manufactured prior to the enforcement of the Product Liability Act may occur in the future. In this context, the legal principles of the case laws will remain valid and be applied. This is an important reason to review the case law of precedents.

• The Journal of the Korea Contents Association
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• v.21 no.8
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• pp.305-314
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• 2021

According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

• Journal of Korea Fair Competition Federation
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• no.96
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• pp.2-7
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• 2003

실익이 없는 무리한 강제 조사권의 도입보다는 혐의가 드러난 담합의 경우 직접 검찰에 고발하거나 내부밀고자 보호 및 보상 강화를 통하여 절차적 정당성 및 정책 실효성을 동시에 확보할 필요가 있다. 각 국의 경쟁당국이 압수$\cdot$수색권을 행사하여 부당한 공동행위를 적발한 경우는 극히 일부분이기 때문이다. 그리고, 유사사례에 대해 향후 엄격하게 공정거래법을 집행함으로써 부당한 공동행위에 대한 사전적인 억제력을 제고해야 한다. 한편으로는 공정위의 시정조치가 있기 전에도 부당한 공동행위의 결과 피해를 본 사적 당사자가 법원에 직접 손해배상을 청구할 수 있도록 하고, 전문가들을 활용하여 담합으로 인한 손해발생 입증과 손해배상액을 추정하여 부당이득을 환수할 수 있어야 한다.

• Proceedings of the Korean Reliability Society Conference
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• 2001.06a
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• pp.271-272
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• 2001

제조물의 안정성과 신뢰성에 대한 사후대책인 제조물배상책임보험, 제조물회수비용보험, 제품하자보증책임보험, 신뢰성보험에 대하여 그 의의와 부보범위 등을 알아본다. 또한 신뢰성보험의 도입과 더불어 제조물배상책임보험을 활성화함으로서 부품 및 소재의 안전성과 신뢰성을 제고할 수 있음을 검토한다.

• Journal of KSNVE
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• v.7 no.4
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• pp.552-554
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• 1997

산업의 고도성장으로 물질문명은 발전하고 있으나 원치않는 환경오염의 피해가 발생하고 있으며, 피해의 양상도 인체의 건강에 미치는 피해와 재산사의 피해 등 그 양태가 매우 다양하다. 환경오염피해가 발생하면 피해자는 책임 있는 자에게 피해의 배상을 요구하고 정당한 배상을 받도록 해야 할 것이나 당사자간의 의견차로 인하여 분쟁이 빈발하고, 이러한 환경분쟁이 주로 환경오염 피해분쟁조정법에 의한 조정으로 해결되고 있으며, 특히 건설공사로 인한 소음.진동 피해분쟁이 전체 환경분쟁의 63%에 달하고 있어 관련법규를 소개함으로써 분쟁의 발생 예방과 해결에 도움이 되고자 한다.