• Title/Summary/Keyword: 입증의 책임

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Control of Seiches by Adjustment of Entrance Channel Width (유입수로폭의 조정을 통한 항만부진동 제어)

  • Yong Jun Cho
    • Journal of Korean Society of Coastal and Ocean Engineers
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    • v.9 no.2
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    • pp.57-62
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    • 1997
  • Based on the facts that significant parts of the harbor response spectrum usually reside in the vicinity of the Helmholtz mode in the eastern part of Korea. economically feasible redemption measures of seiches for malfunctioned harbors already in service is proposed by extending the wisdom of perforated breakwaters and adjusting the width of entrance channel as a control tool. It turns out that as the entrance channel is getting narrower, the harbor system is getting slender due to the increase of added hydrodynamic length so that harbor response can be effectively diminished and separated from the incident wave spectrum where considerable amount of wave energy is located at the lower frequency range.

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Study on Proof of Product Liability Act (제조물책임법 입증책임에 관한 연구)

  • Kim, Eun-Bin;Ha, Choong-Lyong
    • Korea Trade Review
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    • v.44 no.6
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    • pp.135-150
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    • 2019
  • Under the Manufacturing Liability Act, consumers want to be protected from manufacturers by mitigating burden of proof as an important target to be protected. However, due to the complexity of the product, it is very difficult for consumers to prove defects from the manufacturing defect. This situation has led to a major revision of the Manufacturing Liability Act, which mitigates the burden of proof of consumers by applying fruitless liability. The Manufacturing Liability Act is comparable to the U.S., which has strong consumer rights and is protected by the Manufacturing Liability Act. The burden of proof can be regarded as the most necessary content for consumers within the manufacturing product liability law when responding to manufacturing defects. The U.S. intends to provide implications for achieving consumer protection in Korea's Manufacturing Liability Act by imitating the U.S. based on the burden of proof. Case comparison regarding burden of proof can be conducted based on various criteria, including criteria for each product and key features for determining the importance of the manufacturing product liability law. The Act on the Responsibility of Korean Manufacturing Products for the Protection of Consumers was developed based on the assessment criteria, and a remedy was proposed to protect consumers who suffered from manufacturing defects.

The Effect of Gender of Mock Jurors and Defendant and Criminal Settlement on a False rape allegation judgement (판단자 및 피고인의 성별과 형사합의금 액수가 강간 무고 사건 판단에 미치는 영향)

  • Kim, Yujin;Kim, Minchi
    • Korean Journal of Forensic Psychology
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    • v.12 no.3
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    • pp.251-277
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    • 2021
  • The aim of this study was to verify the effect of gender and amount of criminal settlement on punitive judgment and responsibility judgment in a false rape allegation case. An online survey was conducted on 406 adult men and women and were randomly assigned to one of six experimental condition. The findings of this study are as follow. First, there was an interaction effect of the gender of the participant and the gender of the defendant in the punitive judgment and responsibility judgment except sentencing judgment. In other words, participants applied heavier punishment and sentencing judgments to the defendants of the opposite gender, while lighter punishment and sentencing judgments were applied to the defendants of the same gender. However, the amount of the criminal settlement did not have a significant effect on all dependent variables. In this study, we empirically examined how the gender of the participants, the gender of the defendant and the amount of the criminal settlement affect the judgment of the false allegation of rape case which has not yet been fully discussed in Korea. In addition, it is meaningful to see how the amount of criminal settlement, which has not been covered before, affects the perception of victims of sexual violence who demand criminal settlement. The implications and limitations of the study were also discussed.

Reversion of Theileria sergenti merozoite to schizont (Theileria sergenti 분열소체(merozoite)의 분열전체(schizont)로의 복귀)

  • Kang, Seung-won;Choi, Eun-jin
    • Korean Journal of Veterinary Research
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    • v.37 no.4
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    • pp.785-791
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    • 1997
  • Theileria spp.의 생활환에 대해서는 여러종류의 책을 통해서 잘 소개되어 있다. 그중 Theileria spp.의 분열소체 즉, merozoite는 주로 숙주의 적혈구내에 존재하는데 진드기에 의해 흡혈되지 않으면 더이상 발육하지 못하고 생을 마감한다고 여겨 왔다. 그러나 적혈구내 merozoite가 임파구에 다시 들어가 schizont로 복귀하여 분열 증식된다는 가설은 아직까지 증명된 바 없다. 본 실험은 T sergenti merozoite의 schizont로의 복귀를 입증하고자 수행되었다. T sergenti에 감염되지 않은 3개월령의 송아지를 비장적출시킨 후 T sergenti merozoite에 감염된 순수적혈구를 인공감염시켰다. 인공감염후 경시적으로 혈액과 임파액을 채취하여 적혈구내 T sergenti 감염을 조사하고 백혈구 감별혈구를 계산하였으며 임파구내 schizont 출현을 관찰하여 다음과 같은 결과를 얻었다. 1. 혈구내원충 감염율(parasitemia : PE)은 인공감염후 28일째 최고치인 10.5%를 보였으며 그후 5%이내의 수준을 유지하다가 70일째 다시 8.5%의 상승점을 보였다. 2. 백혈구 감별혈구계산에서는 감염초기에는 호중구가 주종을 이루다가 감염후 19일을 기점으로 임파구(60~80%)가 급격히 증가하여 실험종료 때까지 유지되었다. 3. 인공감염후 19~23일, 59~63일 사이에 말초혈액내 임파구에서 분열 증식하고 있는 schizont를 관찰할 수 있었다. 4. 인공감염후 7일부터 림프액내 임파구의 크기가 커지면서 blast-formation이 진행되었으며 실험종료때까지 유지되었다. 이상의 결과로 보아 적혈구내 merozoite가 임파구에 다시 들어가 schizont로 복귀하여 분열 증식함을 입증하여 기존의 T sergenti 생활사는 수정되어야 된다고 사료된다.

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Low-Income Class Business Incubator Project' Accomplishment Analysis -Hyundai Motor Group's Gift-Car Campaign Focused- (기업의 저소득층 창업지원사업 성과 분석 연구 -현대자동차그룹 기프트카 캠페인을 중심으로-)

  • Jung, SunWook;Son, JuYoung;Kim, EunJung
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.277-290
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    • 2016
  • This research is about brief accomplishment analysis of Low-Income Class Business Incubator Project, based on applicants' perspective who has been supported by this project, which is funded by the enterprise. As a result of 'quality focused evaluation method', it shows that Low-Income Class Business Incubator Project's applicants experience both economic and non-economic accomplishments such as "work with responsibility," "better future in reality," "Self and change of relationships around self". It concludes that "experience of difference" or "providing hope for Low-income class" brought positive effects on applicants who participated in this projects. The study revealed the virtue of this Low-Income Class Business Incubator Project and reassured its message: the importance of major corporate' responsibility in solving social issues, especially in poverty and its independence.

A Study of Coping Strategies and Adaptation of Mothers of Handicapped Children (장애아모의 스트레스 대처전략과 적응에 관한 연구)

  • Yee, Sam-Yean
    • Korean Journal of Social Welfare
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    • v.38
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    • pp.180-205
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    • 1999
  • The first purpose of this study was to examine a relationship between coping strategies and adaptation in mothers of handicapped children. The second purpose was to assess the relative contribution of coping strategies to maternal adaptation, controlling other variables that previously have been found to be important in determining maternal adaptation. Finally, the unique effect of coping strategies as predictors of maternal adaptation was examined. The subjects consisted of 92 mothers of handicapped children. They were asked to complete several self-report measures that were used to assess the variables of interest. The results indicated that coping was significantly related to maternal adaptation. Specifically, the use of confrontive coping, accepting responsibility, and escape-avoidance coping strategy were related to poorer maternal adaptation. On the other hand, painful problem solving and positive reappraisal strategy were related to better maternal adaptation. The step-wise regression results further indicated that coping strategies were significantly predict maternal adaptation. Specifical1y confrontive coping, accepting responsibility, and positive reappraisal coping strategy contributed significantly to the prediction of maternal adaptation compared to the other variables. Finally, the confrontive coping, accepting responsibility, positive reappraisal strategies turned out to contribute substantially to maternal adaptation even after several other variables were statistically controlled in conservative way. Implications of the findings for social work interventions was discussed.

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Study on the Characteristic of Media Lawsuits by Public Figures and the Tendency of the Court Decisions in Korea: Focusing on the Decision about Defamation of Politicians and Senior Government Officials Since 1989 (공인의 미디어 소송 특징과 국내 판결 경향에 관한 연구: 1989년 이후 정치인 및 고위 공직자 명예훼손 판례를 중심으로)

  • Yun, Sung-Oak
    • Korean journal of communication and information
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    • v.40
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    • pp.150-191
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    • 2007
  • Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

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Privacy Assurance and Consumer Behaviors in e-Business Environments (e-비즈니스 환경에서 기업의 개인정보보호 활동이 소비자 행위에 미치는 영향)

  • Park, JaeYoung;Jung, Woo-Jin;Lee, SangKeun;Kim, Beomsoo
    • The Journal of Society for e-Business Studies
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    • v.23 no.4
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    • pp.1-17
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    • 2018
  • Recently, most online firms are trying to provide personalized services based on customer's data. However, customers are reluctant to give their information to online firm because of concerns about data breach. Online firms are seeking to increase their trust by ensuring the protection of personal information for customers through privacy seal (e.g. e-privacy) or data breach insurance. This research examines the effects of privacy assurance(i.e. privacy seal, data breach insurance) on consumer behavior in online environment. An experiment based on the hypothetical scenario was conducted using a between-subjects 2 (type of privacy assurance) + 1 (control) design. We found that both privacy seal and data breach insurance increased perceived privacy trust. In addition, privacy seal has a positive effect on the intention to provide personal information through perceived privacy trust. Finally, in the case of the group with a high (low) disposition to trust, higher perceived privacy trust is formed through privacy seal (data breach insurance). Theoretical and practical implications are discussed.

광견병 개요 및 인수공통전염병으로서의 중요성

  • 한홍율;이원창
    • Journal of the korean veterinary medical association
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    • v.30 no.3
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    • pp.131-138
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    • 1994
  • 광견병(Rabies, 'rage' or 'maess' in Latin)은 바이러스가 매개하는 질병으로 약간의 예외는 있지만 온혈동물에 있어 신경증상을 동반하는 아주 치명적인 전염병이다. 격리되어 광견병바이러스의 유입이 제한되어 있는 지역이나 국가를 제외한 대부분의 나라에 널리 퍼져있다. B.C. 20세기의 기록을 보면 메소포타미아의 Eshnunna법전에 법령의 형태로서 기록되어 있는데 미친개가 사람을 물어 그 사람이 죽었을 경우 처벌을 받는다는 기록이 있다(Sikes, 1975). 광견병의 실체는 1800년 초에 실험적으로 광증을 보이는 개의 타액을 주사함으로써 입증되었다(Sikes,1975 ; Steele, 1975 : Greene, 1994). 1881년에 Louis Pasteur의 연구결과 이 질병이 전염성이고 토끼를 이용해 계대배양함으로써 예방할 수 있다고 하였다. 역사적으로 보면 이 방법이 광견병바이러스에 노출된 사람에게 할 수 있는 유일한 치료방법이었으며 이를 Pasteur 치료법이라고 불리운다(Greene, 1984; Fekadu, 1980; Blendon & Breits-chwerdt, 1980 ; Hattwick, 1972). 광견병에 걸려도 생존하는 개나 사람이 있지만 그래도 아직까지 치명적인 질병으로 간주되고 있다. 이 질병은 치명적이라서 치료할 수 없다고 평가되고 있지만 예방할 수는 있다. 예방책으로는 광견병 발생률이 높은 지역의 사람과 동물에게 미리 예방접종을 실시하거나 광견병바이러스에 노출되었다고 생각되었을 경우 치료를 즉각 실시하면 된다(WHO 1978). 이 전염병은 아주 치명적이기 때문에 가장 중요한 인수공통 전염병중의 하나이다.

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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.