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

• Korean Journal of Construction Engineering and Management
• /
• v.19 no.6
• /
• pp.55-64
• /
• 2018

In spite of many previous studies conducted to prevent safety accidents at construction sites, the frequency of safety accidents has not decreased. And recently, a lot of research has been done to analyze the causes of the accidents resulting from the personal characteristics and behaviors of managers or workers, and eliminate them. However, despite these efforts, safety accidents occur consistently as managers and workers shift their responsibilities for the safety accidents onto someone other than themselves. Therefore, in order to prevent safety accidents, this study investigated the consciousness of shifting responsibility among managers and workers and analyzed the correlation between factors influencing the consciousness of shifting responsibility. In addition, it proposed the quantitative levels of the consciousness of shifting responsibility based on the survey of managers and workers. The results of this study demonstrated that managers tend to the shift responsibility onto workers, whereas workers the shift responsibility onto managers. It was additionally demonstrated that there is a correlation between the consciousness of shifting responsibility and the factors influencing it. The findings of this study are expected to improve the safety awareness among managers and workers and make contributions in the theoretical and practical aspects of construction safety management.

• 프린팅코리아
• /
• s.9
• /
• pp.140-151
• /
• 2003

우리나라는 인쇄종주국이다. 1972년 독일에 거주하던 박병선박사가 찾아낸 현존 세계 최고의 금속활자본 "직지심체요절"이 독일의 구텐베르크 42행 성서보다 70여년 앞서 인쇄된 것이 입증됐기 때문이다. 박박사의 노력이 없었다면 인쇄종주국을 입증하는데 많은 시간이 걸렸을 것이다. 청주고인쇄박물관은 인쇄역사를 체계화하는 차원에서 최근 박박사 저술의 '한국의 인쇄'를 발행했다. 이 책에는 고대의 인쇄부터 현대의 인쇄까지 우리의 인쇄역사를 자세히 담고 있다. 다음은 '한국의 인쇄'에 게재된 내용 중 붓, 먹, 종이, 제본 분야를 소개한다.

• KDI Journal of Economic Policy
• /
• v.18 no.3_4
• /
• pp.3-61
• /
• 1996

소비자 보호 및 효율적 자원배분, 기업의 안전증진 유인제공, 제도의 국제적 조화를 위하여 제조물책임법(製造物責任法) 제정의 필요성이 제기되고 있다. 현재 제조물로 인한 사고는 민법(民法)에 의하여 보상받고 있으나 그 입증책임이 과중하고, 현재 우리나라 생산물배상책임보험(生産物賠償責任保險)이 전체 손해보험에서 차지하는 비중은 0.1%에 불과(미국 10%)하여 그 비용이 아직 미미하므로 제조물책임법제(製造物責任法制) 도입의 안전증진효과가 경제적 손실보다 클 것으로 예상된다. 법제정시의 기본방향은 소비자에게 단순히 보상을 제공하는 법제가 아닌, 기업의 책임과 제품결함이 밀접히 연관되어 배상(賠償) 및 사고억제(事故抑制)의 유인과 효과를 극대화하는 것이어야 한다. 추정규정의 도입은 소비자(消費者) 피해구제(被害救濟)를 용이하게 하지만, 디자인 및 경고결함(警告缺陷)과 결합되면 제조자가 제품사고의 모든 가능성에 대해 완벽한 정보를 가지지 않는 한 제조자의 책임이 되어 제조물책임(製造物責任)의 불확실성(不確實性)을 높이고, 결과적으로 기업에게 절대책임(絶對責任)을 부과하게 되어 제품개발과 혁신을 위축시키는 등의 부정적(否定的) 영향을 초래할 위험이 크다. 따라서 결함의 추정은 인정하지 않아야 하며, 제품개발 및 혁신을 도모하기 위해 개발위험항변(開發危險抗辯)은 인정되어야 한다. 손해배상액(損害賠償額) 상한(上限)을 두지 않는 것이 경제적으로 효율적이고 연대책임을 인정하여 유통업자의 안전제고유인(安全提高誘因)도 강화하는 것이 효과적이다. 중소기업을 포함한 모든 기업에게 입법후 1년 정도의 준비기간(準備期間)을 주는 것이 바람직할 듯하며, 배상책임보험(賠償責任保險)은 의무화하지 않는 것이 경제적으로 효율적이다. 기계, 전자, 운송용기기, 건설, 화학, 식 의약품, 가스제품, 완구, 운동용구 등이 영향을 크게 받을 것으로 예상되지만 법제이용(法制利用)의 편의가 개선되기 전에는 소송의 증가는 미미하리라 예상된다.

• Journal of Digital Convergence
• /
• v.9 no.5
• /
• pp.123-140
• /
• 2011

The purposes of this study are to verify if social responsibility activities of domestic companies and organizations who are widening the area of corporate social responsibility activities make a significant effect on the Labor-Management Relations of the company statistically and suggest political and strategic tasks the company must assume if the corporate social responsibility activities are to make positive and negative effects on organizational trust and Labor-Management Relations by members of the company. The results of the study can be summarized as follows. First, companies make a positive effect partially on the standard of employees' confidence for the organization through the corporate social responsibility activities. Second, corporate social responsibility activities have an effect partially on the Labor-Management Relations which are one of the variables influencing an organization's results. Third, the improvement of employees' organizational trust had a significant effect on Labor-Management Relations. Therefore, the results of this study verified the direct and indirect effects between organizational trust and Labor-Management Relations which are important factors of companies' social responsibility and organizational results which were not treated in the precedent studies.

• Journal of Korean Society of Archives and Records Management
• /
• v.10 no.1
• /
• pp.55-76
• /
• 2010

This study focuses on resetting the direction of the universities' accountability introducing the notion of accountability which is a new paradigm in the setting of records management.. First, we analyze the notion and structure of accountability, and then demonstrate the need of accountability in the university. And we try to deduce factors for accountability through cases of foreign universities. Based on this, we analyze the present status of records management of domestic universities. Based on the results of analysis, this study suggests several proposals. First, university records need to be reset. Second, regulations related to tasks in the university should be improved. Third, the function of university archives should be strengthened. Forth, the process of university records management should be reset. Fifth, in order to settle down accountability of the university in a right way, proper systems and procedures to regulate it are necessary so that the university can perform accountability properly outside the university.

• The Korean Society of Law and Medicine
• /
• v.12 no.2
• /
• pp.65-117
• /
• 2011

This article analyzes the case (2008Da16776) which has the issue how patients have to prove causal relationship when patients claim against pharmaceutical companies alleging that patients were infected with virus due to contaminated blood products. The Supreme court held that: (1) if patients prove that they didn't have symptoms suggesting virus infection before administration of blood products, the virus infection had been confirmed after administration of blood products, and there were significant potential of contamination of the blood products with the virus, the defect in blood products or the negligence of pharmaceutical company in making blood products shall be presumed to cause the infection of the victim. (2) The pharmaceutical companies could reverse the presumption by proving the blood products were not contaminated, but the fact that the victims were treated with the blood products manufactured by other companies or had received blood transfusions is not enough to reverse the presumption. The case is the first decision whether the burden of proof about causal relationship could be reduced in pharmaceutical product liability lawsuit. Hereafter pharmaceutical product liability cases, it would be necessary to reduce the burden of proof about causal relationship in order to make substantive equality between patients and pharmaceutical companies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.53
• /
• pp.101-133
• /
• 2012

The paper aims to analyse the obligations and Responsibilities of shipper in the Rotterdam Rules. The Rotterdam Rules, has underlying intention that it will provide uniform law for the international carriage of goods by sea. It is highly expected that the Rotterdam Rules will create the new international legal regime replacing Hague-Visby Rules and Hamburg Rules. Rotterdam Rules provide the obligations and responsibilities of shipper in express. The shippers obliged to provide, (a) duty as to the condition in which the cargo has to be delivered to the carrier, (b) cooperation of the shipper and the carrier in providing information and instruction, and (c) shipper's obligation to provide information, instructions and documents. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that such loss or damages was caused by a breach of the shipper's obligations. However, the shipper is relieved of all or part of its liability if the cause or one of the causes of the loss or damage is not attributable to its fault or to the fault. But, the shipper shall indemnify the carrier against loss or damage resulting from the inaccuracy of such information. Rotterdam Rules is providing rather concrete as to the shipper's responsibilities and burden of proof in separate chapter. The question is whether such burden of proof of the fault should be imposed to the shipper.

• Journal of the Korea Institute of Building Construction
• /
• v.10 no.1
• /
• pp.101-109
• /
• 2010

Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.5 no.1
• /
• pp.102-109
• /
• 2001

In this paper, in order to reduce the computational complexity of codebook, we propose a fast search algorithm which takes advantage of the information generated in the process of the self-organizing map (SOM). In an attempt to demonstrate the influence of the ordering of codebook on the performance of the partial distance search (PDS), we present the results of computation savings for three cases of ordering of codebooks.