• Korean small business review
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• v.42 no.1
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• pp.19-41
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• 2020

In Korea, punitive damages were introduced in the 2011 Fair Transactions in Subcontracting Act(FTSA), and in 2019 the Patent Act, Trade Secret Protection Act(TSPA), Industrial Technology Protection Act(ITPA), and Mutually Beneficial Cooperation Act(MBCA). In punitive damages, the judgment of 'intentional' is especially important, and it is necessary to refer to US precedents since there is no accumulated case. Major Company can avoid intentional counseling through the advice of lawyers, but SMEs may have to punish punitive damages due to a lack of awareness of the system. In the case of TSPA, ITPA, FTSA, and MBCA, except for Patent Act, the provisions related to proof of damage have not been well maintained yet. Therefore, the data submission order system of these laws needs to be revised to the level of patent Act need to be. TSPA needs to be amended in the future to estimate the amount of the royalties in estimating the amount of damages so that it can receive the 'reasonably' estimated amount rather than the usual amount. On the other hand, ITPA, FTSA, and MBCA do not have any provisions for the estimation of damages. Besides, it is difficult to evaluate the technology value in the case of leakage or deodorization of new technologies. Therefore, valuation needs to be carried out by a credible institution along with the development of a model for calculating damages.

• Electric Engineers Magazine
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• v.242 no.10
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• pp.39-44
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• 2002

손해배상액의 결정은 시민들 중에서 선발된 배심원이 판단하게 되며 이들은 비전문가로서 법률을 심리함으로써 이론적인 판단보다는 감정적인 판단에 치우치게될 가능성이 매우 크다. 특히 징벌적 손해배상금의 결정도 배심원이 판단하기 때문에 손해배상금을 상승시키는 원인이 되고 있다.

• 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 Legislative Studies
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• v.27 no.1
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• pp.205-214
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• 2021

• The Journal of the Convergence on Culture Technology
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• v.10 no.5
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• pp.253-260
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• 2024

This study aims to analyze the key legal issues of the Serious Accidents Punishment Act (SAPA), which came into effect on 2022, in South Korea, and to propose practical occupational safety and health management strategies for business executives. The SAPA was introduced to prevent serious industrial accidents and protect workers' lives and safety. However, its effectiveness has been controversial due to the ambiguity of the law and uncertainty in its application. The study first provides an overview of the SAPA's main provisions and analyzes legal issues focusing on the punishment of business executives and the punitive damages system. Key issues identified include the ambiguity of "safety and health obligations," difficulties in proving causality, and unclear criteria for determining intent or gross negligence. Recent cases of serious accidents are examined to illustrate practical challenges in applying the law. Furthermore, the study compares the punitive damages system under the SAPA with that of the Product Liability Act and similar systems in the United States, United Kingdom, and Germany. This comparative analysis highlights the characteristics and problems of the Korean system, such as the unclear punitive nature, controversy over excessive compensation, and potential for abuse of litigation. Finally, the study proposes practical occupational safety and health management strategies for business executives to effectively respond to the SAPA and create safer workplaces. Key strategies include establishing a safety and health management system, conducting risk assessments, implementing safety education, managing subcontractor safety, and investing in safety and health.

• The Journal of Society for e-Business Studies
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• v.20 no.2
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• pp.93-106
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• 2015

Providing trading partners with personal information to establish an e-commerce financial transaction is inevitable. Most e-commerce companies keep personal information and transaction data for user's convenience and develop additional services as their applications. However, keeping personal information increases the likelihood of identity theft causing direct or indirect damage while it may simplify repetitive financial transactions. This study introduces risk management methods based on quantitative and qualitative analysis including demand-supply curve model and Gordon & Loeb model to analyze the risks for security management. The empirical analysis with survey results from KISA (Korea Information Security Agency) shows that the root cause of different statistics of personal information leakage incidents according to core business of internet companies is the difference in their Loss Expectancy caused by them. Also we suggest disciplinary compensation and higher standard for personal information protection as a solution to prevent the variation of investment on it between individual companies.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.3-31
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• 2011

In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. It could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration. It is a matter for debate that disputes containing punitive damages may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. To offer some solution to these issues, it is necessary to inquire into the nature of punitive damages. the policy and function of alimony, the fair apportionment of a loss. Moreover, international relations formed with international transactions should be considered. Punitive damages would be the object of arbitral proceedings as the dipute in private laws. When punitive damages pursue only punishment in the domestic arbitration that there is not foreign factors, arbitral tribunal could not make arbitral award containing punitive damages. However, if punitive damages are admitted under the rules applicable to substance of dispute, and there is the arbitration agreement in which is implied that the parties agree to submit to an arbitral award, arbitral tribunal could make arbitral award containing punitive damages in international arbitration. When it is questionable whether it is offend against our public policy or not, that we accept the effect of arbitral award containing punitive damages, and we admit the enforcement of it, we have to take the nature of punitive damages, the policy and function of alimony, the fair apportionment of a loss and the stability of international transactions into consideration.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.107-133
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• 2004

In these days, arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. An award of punitive damages is often the most significant and detrimental part of an award arising from a judicial or arbitral proceeding. In 1995, the United States Supreme Court resolved a circuit split. upholding an arbitral panel's authority to award punitive damages under a securities arbitration agreement. This decision was monumental in establishing arbitral power. However, it left several questions unanswered. For example, which, if any, standards should be applied to such awards？ The decision in Sawtelle, adopting a separate ground for review of punitive damages awards, is one that signals a significant change in the field of arbitration. This article addresses the reviewability of punitive damages awards arising out of a securities arbitration hearing. It would be necessary to introduce securities arbitration system to our disputes resolution system. Compared to American practices, there could be many differences in recognition on arbitration and legal structure in our country. Thus it will be a future assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us. This article analyzed predispute arbitration agreements and agreements to arbitrate after a dispute has already arisen.

• Korean small business review
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• v.41 no.3
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• pp.95-106
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• 2019

The Economic Gab-Jil, where the stronger are forcing the weaker to sacrifice, is not only a serious social problem, but also it exhausts the vitality of the national economy. Especially, the issue of 'cost reduction (CR) of delivery price' in automobile industry, and the issue of 'tolls' and 'retaliating' in the franchise business are becoming more controversial. This paper suggests some measures to rectify the problems by an analysis using a game-theoretic model. One of the ways to change the 'bad equilibrium', where economic Gab-Jil is prevalent, to the 'good equiblium' is to strengthen the bargaining power of the weak by legal and institutional measures. It is also a more market-friendly system that is self-enforcing, where the regulation is automatically enforced by the incentives of the participants, without relying solely on the enforcement power of regulatory or supervisory bodies

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.