• Title/Summary/Keyword: 보상 및 책임법

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Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

A Study on the Operational Way of Freight Forwarding Company: Focusing on Residental Moving Company (화물운송주선업체의 운영방안에 관한 연구 - 이사화물운송주선업체를 중심으로 -)

  • Moon, Jong-Ryoung;Jung, Hyun-Jae;Lee, Tae-Hwee;Kim, Young-Hwan;Yeo, Gi-Tae
    • Journal of Korea Port Economic Association
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    • v.26 no.3
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    • pp.221-239
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    • 2010
  • This study aims to provide solutions concerned with to residential moving companies about their operational problems. In order to shed light on these problem, factor analysis and fuzzy AHP method are adopted. Selected factors are low quality of workers and equipments, weak condition of business, policy and form of a contract, and excessive competition. The results of survey show that excessive competition is the most urgent problem compared with other problems. In the twelve-measured variables, The problem of non-certificated firms, low service quality caused by excessive competition, and claims caused by lack of service instruction are chosen as the urgent matters. As a result of the analyses, the study would propose policy directions how to solve these problems. Firstly, the government should make the legal basis of operating the industry because there is too competitive in the field. Secondly, the government should regulate firms which have not a certificate because they are the cause of low service quality in the field. Thirdly, in order to improve the service quality, the study would suggest that the managers should instruct the workers of residential moving companies. Lastly, the paper would suggest that customers check the certificate of the firm allowed by the government authorities.

Apportionment of Liquidated Damages and Compensation for Delay Damages in Domestic Construction Project : Analysis and Improvement (국내 현행 공기지연 책임에 따른 지체상금 및 손실보상의 문제점 및 개선방안)

  • Kim, Kyong Ju;Kim, Kyoungmin;Kim, Jong Inn;Wei, Ameng;Kim, Eu Wang
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.1
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    • pp.12-20
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    • 2023
  • To calculate the amount of owner-caused and contractor-caused delays based on a simplified delay analysis, which has been customarily used in Korea, has a limitation in reflecting the impact of the concurrent delay and the acceleration work. It also resulted in the apportionment of liquidated damages by applying the ratio of the number of delays between the owner and the contractor. This study analyzes that the conventional method does not meet the international standards. In order to improve the problem of construction delay analysis and the apportionment of liquidated damages based on it, owner delays, contractor delays, concurrent delays, and the impact of acceleration should be analyzed together. This study suggests that in the apportionment of liquidated damages, the extension of time should be extended by the sum of concurrent delays and the owner-caused delays, and liquidated damages should be imposed on delays incurred after the extension of time. It can be seen that it conforms to the international standards. The results of this study are expected to contribute to improving the problems of delay analysis and liquidated damages calculation, which have been conventionally accepted.

A Comparative Study of Ship Collision Legislation in Korea and China (한국과 중국의 선박충돌법제의 비교법적 연구)

  • Jiancuo, Qi
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.4
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    • pp.577-586
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    • 2022
  • The increasing trade volume between Korea and China has rapidly expanded the maritime transport between the two countries. However, safety, particularly considering the ship collisions in the Yellow Sea and East Sea waters, has not been fully ensured. These collision accidents in that region endanger traffic safety and the marine environment, moreover, it has the potential to cause legal complexity because Korea and China haver domestic legislation, that are considerably different in some aspects. International conventions and domestic legislation in China provide detailed laws with respect to ship collisions, however, the theory of ship collision infringement still needs to be improved, enriched, and developed. Because these laws are not very clear on the resolution of disputes resulting from ship collisions, we focused on the final judgments by the Supreme Court of China (SPC), and the judicial judgments set by the Maritime Court of China. This study aimed to explore the domestic legislation applicable to disputes related to ship collisions in China, and comparatively investigate the legal provisions of Korea and China on the issue of ship collisions, particularly on the aspect of damage compensation, fault ration, and liability apportionment.

Emotional Labor and Human Rights Protection in the case of airlines (감정노동과 인권보호 - 항공사를 중심으로)

  • Shin, Dong Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.87-108
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    • 2014
  • Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.

Validation of the Korean Version of Free Will and Determinism Scale (FAD-Plus) using Confirmatory Factor Analysis - The Relationship Between Belief in Free Will and Correspondence Bias - (확인적 요인분석을 통한 한국판 자유의지와 결정론 척도(FAD-Plus)의 타당화 - 자유의지에 대한 믿음과 귀인편향의 관계 -)

  • Ahn, Jaekyung;Han, Sanghoon;Choi, Yimoon
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.35-51
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    • 2021
  • People's belief in free will is important in determining the causes and responsibilities of human behavior. Over the past decades, there has been debate about belief in free will in the fields of neuroscience, philosophy, ethics, and criminal law. The Free Will and Determinism Scale (FAD-Plus; Paulhus & Carey, 2011) is a test tool that measures the components related to the belief in an individual's free will. This study conducted a confirmatory factor analysis of 1,000 ordinary people of various age groups and socio-economic backgrounds based on previous studies that conducted an exploratory factor analysis (Study 1). The author has secured the reliability and validity of a number of measures. Furthermore, it was examined how the sub-item of the FAD-Plus scale, 'belief in free will,' was related to correspondence bias and locus of control (Study 2). As a result of analyzing a total of 83 subjects, high belief in free will had a positive correlation with punishment judgment for negative behavior and internal attribution, but there was no significant relationship in reward judgment for positive behavior. Based on the study results, it was proven that the FAD-Plus is valid for the general public as well, and the relationship between belief in free will, attribution bias, locus of control and behavior judgment was examined. The limitations of this study, policy implications, and research directions are discussed.

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Development of Work Stress Measurement Tool for Academic Librarians (대학도서관 사서의 직무스트레스 측정 도구 개발)

  • Lee, Jong Yoon;Cho, Hyun Yang
    • Journal of the Korean Society for Library and Information Science
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    • v.47 no.3
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    • pp.181-205
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    • 2013
  • The purpose of this study is to develop a job-stress scale for librarians who work in university libraries. The study was first conducted by analyzing existing representative job-stress scales that are used domestically and internationally. To understand the characteristic of particular job stress that academic librarians have, the in-depth interview among qualitative research methods was selected, and 15 librarians who work at a 4-year system university libraries participated in this study. Based on the results of the questionnaire survey, the reliability and validity were verified. To analyze the validity, exploratory factor analysis was carried out. To extract factors, principal component analysis was used. To extract factors, principal component analysis was used. For the rotation method, a varimax rotation was applied. A tertiary measurement tool with a total of 46 questions for 11 factors was developed after removing measurement questions that were rejected as a result of the analysis. As a result of factor analysis on the tertiary measurement tool, 11 factors were extracted. Those 11 factors include 'peer relation conflict factor(factor 1)', 'superior-subordinate relation conflict factor (factor 2)', 'work compensation evaluation factor(factor 3)', 'emotional labor factor(factor 4)', 'physical environmental factor(factor 5)', 'employment stability(factor 6)', 'job demand factor(psychological) (factor 7)', 'decision-making and responsibility factor(factor 8)', 'work complexity factor(factor 9)', 'work boundary conflict factor(factor 10)', and 'job demand factor(physical)(factor 11)'.

The Legal Nature and Problems of Air Mileage (항공마일리지의 법적 성격과 약관해석)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.163-199
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    • 2010
  • A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

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The Study of Effectiveness of MERS on the Law and Remaining Task (국내 메르스(MERS) 사태가 남긴 과제와 법률에 미친 영향에 대한 소고(小考))

  • Yoon, Jong Tae
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.263-291
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    • 2015
  • In May, 2015, a 68 years old man, who has been Middle East Saudi Arabia and the United Arab Emirates, had high fever, muscle aches, cough and shortness of breath. he went two local hospital near his house and the S Medical Center emergency center. He was diagnosed MERS(Middle East respiratory syndrome) and the diseases had put South Korea the fear of epidemics for three months. Especially, this disease has firstly reported in Middle East Asia in September 2012 and spreaded to twenty-six countries. In 21, July, 2015, European Center for disease prevention and control reported 533 people were died and in South Korea, 186 people were infected, 36 people were died and 16,693 people were isolated from MERS. South Korea government were faced into epidemic control and blamed from public. Especially, hospital acquired infection, disease control chain, opening of information, ventilation, lack of isolation bed, the problem of function of local health center, the issue of reparation for hospital and insurance cover rate, the classification of disease, the role of Korea Centers for disease control and prevention, the culture of visiting hospital to see sick people, the issue of hospital multiple room and other related social support policy. it is time to study and discuss to solve these problems. South Korea citizens felt fear and fright from MERS. What is wore, they thought the dieses were out of their government control. It was unusual case for word except Middle East Asia. numerous tourists canceled visiting korea. South korea economic were severly damaged especially, tourism industry. South korea government should admit that they had failed initial action against MERS and take full reasonability from any damages. The government have to open information to public in terms of epidemic diseases and try to prevent any other epidemic diseases and try to work with local governments.

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The Oral Health Behaviors for Children and Teachers by Teacher-Supervised Toothbrushing in Community Child Center (지역아동센터 교사의 칫솔질 지도여부에 따른 아동과 교사의 구강보건행태)

  • Shin, Sun-Jung;Jang, Jung-Yoo;Kim, Chang-Hee
    • Journal of dental hygiene science
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    • v.12 no.6
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    • pp.572-582
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    • 2012
  • The purpose of this research was to compare the oral health behaviors for children and teachers in toothbrushing facilities installed community child center related with teacher-supervised toothbrushing. This research was follow-up study from the Korean Dental Hygienists Association third project '2010 program of making of the diamond tooth'. 266 child support teachers were invited and 201 were included in the study (response rate: 75.6%). Statistical analysis conducted using PASW ver. 18.0 for Windows. The difference on the distribution of independent variables related with teacher-supervised toothbrushing was verified with chi-square test. The results of this research could be summarized as follows: The children in the teacher-supervised toothbrushing community child center, the practice rate of toothbrushing was higher than the children in the non-supervised toothbrushing community child center (p<0.05). Teachers offered children one of snacks and drinks per day independently of teacher-supervised toothbrushing (p>0.05). Most of participated teachers accepted to be responsible for oral health of children (73.4%) and demanded that improve facilities for a toothbrushing in community child center (77.2%). In conclusion, this study suggests that a programme of daily teacher-supervised toothbrushing can be effectively targeted into community child center.