• Title/Summary/Keyword: 체결체

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The Legal nature of a contract for supply of a special purpose aircraft -The legitimacy of contract cancellation on the grounds that the performance specification is not satisfied in the purchase specification- (특수 항공기 공급계약의 법적 성질 - 구매규격서상 성능요건 미달을 이유로 한 계약해제의 정당성 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.37-72
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    • 2016
  • In the aerospace field, besides special purpose airplanes, contracts for supply of various types of products such as prototypes, unmanned aerial vehicles and space launch vehicles are increasing. In the case of the contractor, it was planned to spend a large amount of money to supply the production, but if the purchase specification that presents the quality and performance standard of the product is poor or lacks the capacity to judge the performance, consuming enormous amounts of time and money. Even if the undertaker does not have the ability to supply the products with the required performance and quality to achieve the purpose of the contract, he/she must pay the cost of burial due to the incompleteness of the work and the compensation for the cancellation of the contract. In this case, the defendant ordered the plaintiff to supply the aircraft by the Happy Box method, which is capable of ILS Offset flight as specified in the Purchase Specification, but the plaintiff attempted to supply the aircraft by the RNAV method. Although the ILS ground signal can be inspected by the RNAV method, the aircraft manufactured in the manner claimed by the plaintiff does not have the ILS Offset flight function required by the purchase specification, so the defendant can not achieve the purpose required by the purchase specification. It was a question of whether a defendant's cancellation of contract was legitimate. The aircraft, which is the object of this contract, is a subordinate substitute, so the case contract is of undertaking. Therefore, in order to complete the work in this contract, the major structural parts of the aircraft must be manufactured as agreed and have the performance generally required in the social sense. However, the aircraft delivered by the plaintiff has serious defects because the defendant can not achieve the purpose required by the purchase specification due to the lack of the ILS Offset flight function required by the purchase specification. This deficiency is impossible for the plaintiff to repair, so the defendant 's cancellation of the contract is legitimate.

Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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The study about the ruling policy of Government-General of Chosun and its use of films for the political propaganda during the Japanese colonial period(1910-1945) (일제강점기 조선총독부의 통치정책과 영화의 활용에 관한 연구)

  • Cho, Hee-Moon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.7 no.6
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    • pp.1407-1415
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    • 2006
  • Japan started to colonize Korea in 1910. It's when It forced and made Chosun sign on the Treaty of Protectorate. The Chosun faithfully practiced Japan's colonial policy over Korea. Futhermore, it stopped many Koreans from an anti-Japanese movement and tried to make Koreans have a positive attitude towards Japan. For this, Japan advertised the policy called Nae-sun-il-che which meant Korea and Japan were a community together from the same root. Ultimately, it targeted on absorbing Korea within their territory. With this goal, Japan kept on practicing the policy to acculturize and brainwash Koreans, totally depending on force and pressure from 1910 to 1919. However, this policy had changed by the overall anti-Japanese movement happening on March 1st 1919. Saito, the third governor-general who was appointed laster on, made an effort to win over He favor of Koreans in a less forceful way of the cultural politics. The change of policy had been specified in diverse actions such as permitting civil mass-media bodies forming the observation groups and opening conferences. In the case of daily newspapers, Japan had permitted only the ones by the Government-General of Chosun such as Maeil-shinbo, Kyunsung-ilbo, and Seoul Press before, but then other civil newspapers In Korean stated to be released. Along His Japan formed both Korean and Japanese observation groups to promote the mutual understanding and showed off Japan's goods in the propaganda films by implementing a film department. It's because Japan totally recognized and understood the impact of films. Therefore, Japan distincitively established a film agency for the production of propaganda movies while it banned the civil film production after 1937 when Japan started the war against China and USA in row. So, only one film agency, ruled by the Government-General of Chosun, produced movies from 1942 to 1945.

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Marginal bone loss between internal- and external- abutment connection type implants placed in the first molar area (제1대구치 위치에 식립된 단일 임플란트의 지대주 연결 유형에 따른 임플란트 주위골 흡수)

  • Seok-Hyun Lee;Eun-Woo Lee;Ha-Na Jung;Ok-Su Kim
    • Journal of Dental Rehabilitation and Applied Science
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    • v.39 no.1
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    • pp.32-44
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    • 2023
  • Purpose: The purpose of this study was to investigate the effect of implant connection type on marginal bone loss (MBL) and to analyze the factors that affect MBL. This study focuses on single implants planted in the upper and lower first molar area. Materials and Methods: A total of 87 implants from 68 patients were tracked for a period over 5 years. There were 57 external connection type (EC) implants and 30 internal connection type (IC) implants in 38 males and 30 females. The MBL and EA were measured from intraoral radiograph images taken after 5 years at most. Results: Significant difference in MBL between EC and IC type was observed in patients without GBR or diabetes. Patients without GBR exhibited an MBL of -0.065 ± 0.859 mm in EC type and -0.627 ± 0.639 mm in IC type (P = 0.025). Using multiple regression analysis, a statistically significant negative correlation was observed between MBL and conditions including implant-abutment connection type (β = -0.303), diabetes (β = -0.113), emergence angle > 30° (β = -0.234), and age (β = -0.776). Conclusion: Within this results, IC type implants had less MBL than EC type, and implant prosthesis with emergence angle over 30° showed greater MBL. To minimize the MBL of the implant and ensure implant stability, careful consideration should be given to the EA of implant prosthesis and its connection type.