• Journal of Korea Port Economic Association
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• v.31 no.2
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• pp.41-53
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• 2015

In Paracomon Inc. v. Telus Communication, Realice's anchor became entangled with a working fiber-optic submarine cable during its voyage and are presentative of the shipowner(the captain) cut the cable. The owner of the cable brought a claim for the repair cost against the shipowner. The shipowner then advanced a third party claim against a liability insurance underwriter. The Supreme Court of Canada (SCC) held that the shipowner was entitled to limit its liability under the 1976 Convention on the Limitation of Liability for Maritime Claims. The SCC also ruled that even though the misdeed of the shipowner was insufficient to break its right to limitation of liability, its wrongdoing constituted willful misconduct under the 1993 Canada Marine Insurance Act, allowing the underwriter to deny coverage for the incident. Thecasewasthefirsttoaddresstheinterrelationship between the shipowner's right to limit liability under the international convention regime and the availability of liability insurance with respect to such limited liability. This study analyzes the reasoning behind the SCC's judgment and evaluates the appropriateness of this court's decision based on the current maritime industry as well as prevailing maritime law. It concludes that the SCC's decision to declare that the shipowner retained the right to limit its liability is appropriate under the Limitation Convention (1976). However, its declaration that the liability insurer was discharged from liability is not correct in due consideration of the common recognition in the maritime industry, the intended purpose of a third party's right against the liability insurer, and the adoption process of the conduct barring limitation. Based on the SCC's decision, this study finally reviews the issue of the shipowner's right to limit and the coverage of the liability insurer in the Sewol case (2014).

• Journal of the Korea Convergence Society
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• v.13 no.5
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• pp.267-278
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• 2022

This paper was intended to examine the function of emotion that affects the accuracy of statements in the context of eyewitness testimony. The main emotion theories and concepts introduced in previous studies examining the relation between testimony accuracy and negative emotions were examined based on the characteristics of the research method. The results were presented in the order of emotion definition, emotion inducing method, and emotion measurement method. Specifically, the definition of emotion was described based on studies on negative emotions, arousal, stress, and mood. The emotion inducing method was mainly described based on images, virtual reality, and staged events designed by researchers, which have been mainly used in laboratories. Emotion measurement methods were described with respect to the self-report, behavioral checklist, and psychophysiology. In addition, the emotional approach for objective and scientific repeated verification, the importance of effective experimental design and appropriate scientific memory test, and the need for individual difference control were discussed. This paper reinterprets the contradictions shown by previous research by systematically structuring the function of emotion that affects the accuracy of testimony. It was meaningful to provide a frame for comparative analysis of related studies. Ultimately, it is expected that such knowledge will be used as basic documents for judging the reliability of eyewitness testimony in a legal context.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.35-58
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• 2013

In Mash & Murrell, Diplock J said that "there is an implied warranty not merely that they shall be merchantable at the time they are put on the vessel, but that they shall be in such a state that they can endure the normal journey and be in a merchantable condition upon arrival." But in The Mercini Lady, Field J said that "the goods would be of satisfactory quality not only when the goods were delivered on to the vessel but also for a reasonable time thereafter." and "The proposed conditions were not excluded by clause 18. ${\cdots}$ clause 18 was not to be construed as extending to conditions ${\cdots}$". In relation to the problems on validity of the goods conformity clauses in FOB contracts, when considering Lord Wright's comments ("${\cdots}$ hence apt and precise words must be used to exclude it: the words guarantee or warranty are not sufficiently clear.") in Cammell Laird & Co Ltd v Manganese Bronze and Brass, FOB contracts are fundamentally one that seller's duty to deliver the goods is completing at the port of shipment and "principle of party autonomy" in Contract Law, I do not think that the terms implied by section 14 of the SGA and Common Law cannot absolutely excluded by the goods conformity clauses in sale contracts. Therefore, in order to exclude the implied terms, the parties must very clearly spell out this in the relevant clauses.

• Journal of Korea Game Society
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• v.13 no.3
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• pp.121-130
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• 2013

This paper aims to grasp the status of dispute and relevant issues, focusing on cases resolved by the Contents Dispute Resolution Committee. In consequence, this paper reviewed and addressed many issues like the mobile game of pre-school children, game disputes between telecommunication service providers and other domestic companies, responsibility of game-developing companies, necessity of efforts (led by the service providers) for establishing the system to prevent damage, and increase of awareness on damage redeemed by companies. Additionally, this study enables us to understand that the system of dispute resolution pays a pivotal role to help disputers resolve issues in a reasonable way and that self-imposed confidence is absolutely required in the mobile open market.

• Convergence Security Journal
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• v.8 no.2
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• pp.111-118
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• 2008

Computer forensics have been used for verify a crime when industry secret information or cyber crime occurred. However, these methods are simple analysis which cannot find the problem of deleted files. Therefore these cannot be a trusty evidence in a law court. We studied with focus on connectivity principle because it has never tried yet. In this paper, we developed optimizing detection model through systemized analysis between user-delete method and operating system-delete method. Detection model has 3 cases; Firstly, case of deleted by a user, secondly, case of deleted by application. Thirdly case of deleted by operating system. Detection model guarantees optimized performance because it is used in actual field.

• Proceedings of the Korea Water Resources Association Conference
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• 2019.05a
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• pp.398-398
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• 2019

최근 전 세계적으로 기상이변 현상이 과거에 비해 빈번하게 발생하고 있으며, 자연재해에 의한 피해도 증가하고 있다. 한국에서 주로 발생하는 자연재해로는 호우, 태풍, 대설 등이 있고 최근 10년(2008~2017) 동안 자연재해 피해액 약 3.4조 중 대설에 의한 피해액은 약 2,200억원으로 전체 자연재해 피해액 중 약 15%를 차지하고 있다. 과거 2014년 경주 리조트에서 폭설로 인해 지붕이 붕괴되어 10명이 사망하고 100여명이 부상당하는 사건이 발생하였고, 2018년 제주도 농가지역의 시설물 및 재배작물이 수십억의 피해를 입게 되는 등 대설로 인한 큰 피해를 입는 사례들이 나타나게 되어 대설피해에 대한 관심이 높아지고 있는 추세이며 겨울철 주요 자연재해 중 하나로 인식되고 있다. 본 연구에서는 취약성 분석을 위해 PSR구조인 압력지수(Pressure), 상태지수(State), 대응지수(Response)로 인자들을 나누고 엔트로피 방법을 이용하여 전라도 지역 41개 시군구를 대상으로 가중치를 산정하였으며 이에 따른 결과 값들로 전라도 지역 41개 시군구에 대한 취약성 분석을 실시하였다. 그 결과 대설에 취약한 지역들을 순위로 도출해낼 수 있었다. 본 연구에서 도출해낸 결과를 바탕으로 하여 대설에 가장 취약한 지역들을 중심으로 대응 방안을 마련하여 대설에 대비한다면 효과적인 도움을 줄 수 있을 것으로 판단된다.

• Korean journal of communication and information
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• v.50
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• pp.29-49
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• 2010

Various opinions are expressed about the Internet Regulation. Some people argue that it is impossible to control because of the technical characteristics of Internet, while other people argue that it is easy to control. Recently in Korea, a move to reinforce the Internet Regulation through the extension of cyber real-name system is emerging, whereas the concern for its excessive infringement of the Freedom of Expression is increasing. This paper was intended to draw a reasonable direction for Internet Regulation in our society. And accordingly this paper tried to suggest a desirable direction of Internet Control in the future and to draw a criterion for domestic court judgement by analyzing cases of cyber defamation so far. The result of this study proposed that the Freedom for Expression be widely secured in the case of cyber defamation of criticism and political comments upon public officials and that the legitimacy and effectiveness of Internet Regulation be ensured. This result of study is expected to help establish the direction and principle of Internet Regulation in the future around Korea Communications Commission and Korea Communications Standards Commission.

• International Commerce and Information Review
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• v.18 no.3
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• pp.73-100
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• 2016

This study focused on the Korean Stock Market so as to recognize the actual Korea-China FTA effect in the firm level. The result are as follows. First, lifting embargo even before the FTA actually took into effect influenced negatively to the firms listed in Korean Stock Market unlike the expectations that effectuation could influence positively to Korean economy. Secondly, the industries that China has attracted more foreign investors than Korea have shown declining returns as they positioned comparative disadvantages in Korea. In this regard, foreign shares delivered signaling effects to domestic investors in Korea. Thirdly, information for effectuation(embargo lifting) has reflected in the stock prices immediately as it leaked in the industries expecting the negative impact, while investors showed the tenancy to retain the action until the FTA actually took into effect in the industries expecting the positive impact.

• The Journal of the Korea Contents Association
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• v.17 no.8
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• pp.520-534
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• 2017

A sex offense report highlights the victim as well as the offender involved in the sex crime. This study explored the hierarchy between the offender and the victim, based on the frequency analysis and network analysis. In case that the perpetrator is a celebrity, the media focuses more on the celebrity's actions. The volume of reports for cases where the offender has a position superior to the victim's (offender superior relationship) is larger than for those where the two have a horizontal relationship. The press highlights the celebrity in offender superior relationships and the victim in horizontal relationships. The celebrity is held responsible for the cause of the crime in the offender superior relationship. However, the victim him/herself is held responsible for the perpetrated offense in horizontal relationships. According to the results of the analyses in this study, the press fails to protect human rights and privacy in offender superior relationships.

• Korean journal of communication and information
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• v.81
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• pp.329-362
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• 2017

This study starts from the awareness that 'rebellious communication' is still being regulated in various ways even though 'rebellious communication' was declared unconstitutional in a decision by the Constitutional Court in 2002. The meaning of 'rebellious' has been amplified and transformed at various points through the censorship systems established during the Japanese colonial era, the US military period, and the regime of Park Jung-hee. In particular, 'rebellious communication' is regulated to protect 'national security' and 'social customs' from the perspective of power. This study analyzed discourses containing judgement about the Park Jung-geun case and the violation of the National Security Law using retweet accounts or posts related to North Korea. This study explores the genealogy of 'rebellious communication' based on its relationship to the characteristics of Twitter and specific individuals.