• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.39
• /
• pp.251-280
• /
• 2008

A party to the charter will not be able to rely upon the doctrine of frustration if an event which makes further performance impossible has been caused by his breach of the charter. Strictly speaking, this is not a situation of frustration at all but rather a case of discharge of the contract by breach. In the Sea Angel case, the defendant entered into a Lloyd's Standard Form of Salvage Agreement with owners of the casualty on the LOF 2000 form, incorporating the SCOPIC clause. The time charter was on the terms of the Shelltime 4 form. This case the trial of the action brought by the claimants owners of the vessel Sea Angel claiming outstanding hire from the defendant charterers. This Case was issued whether charterparty frustrated by refusal of port authorities to issue "No Demand Certificate" allowing port clearance pending payment of oil spillage clean-up costs. The court concluded that no attempt had yet been made to invoke the assistance of the Pakistani court to obtain the release of the vessel. There was not so radical or fundamental a change in the obligation assumed by defendant as to establish frustration. The purpose of this study aims to analyse frustration and time charter in the Sea Angel case.

• Journal of Fisheries and Marine Sciences Education
• /
• v.19 no.2
• /
• pp.168-179
• /
• 2007

There are many students in school. So school safety accidents are happened by accident. But, if teachers know and understand about school safety accidents exactly, the school safety accidents can be reduced. The conclusion of this study is as follow. First, generally teacher has a duty and responsibility to protect and care students in educational activities. And teacher has a responsibility to protect and care students only in the cases of predictability. Second, teacher must do his/her best about a duty of attention. If teacher do his/her best about a duty of attention, he(she) has not the responsibility about the accident. Third, teacher needs to have more concern student who has a controversial figure. And teacher needs to have an evidence that he/she did his/her best for the student ordinary times. Fourth, the criteria of teacher's legal or illegal punishment to students is (1) the motivation and details for punishment, (2) the methods and degree for punishment, (3) a part of body for punishment, (4) the degree of damage for punishment. Fifth, teacher need to learn the program about school safety accidents systematically.

• Journal of Korea Game Society
• /
• v.18 no.1
• /
• pp.63-72
• /
• 2018

Legal issues whether augmented reality(AR) game service companies are responsible for damages that their game users cause to the community and residents are occurring these days. These kind of damages affect not only game users but also third parties who do not play the AR game. This paper explores the recent cases and analyze the type of legal issues such as trespass, nuisance and unjust enrichment. To determine the necessity of regulating the AR game company, constitutional balancing test, causation, specificity and persistence of the damage and other various standards should be applied.

• The Journal of Korean Medicine Ophthalmology and Otolaryngology and Dermatology
• /
• v.25 no.3
• /
• pp.78-87
• /
• 2012

Objective : The purpose of this study is to describe the characteristics of medical malpractice related to pediatric ophthalmology and to identify the causes and potential preventability of medical litigation in Korean medicine. Methods : A study was performed by analysing 8 cases of lawsuit in the year between 1968 and 2011, which were selected among the medical dispute cases involving pediatric ophthalmology. Results : The eight closed claims occurring in the field of pediatric ophthalmology were founded in the data for medical malpractice. One claim was supreme court decision, two claims were high court decisions and five claims were district court decisions. Conclusions : While malpractice claims occurring in the field of pediatric ophthalmology were uncommon, they resulted in a high rate and amount of indemnity payments. For reduction of medical disputes, improvement of clinical trials and clinical medical cares is emphasized, and informed consent is also important.

• The Korean Journal of Health Service Management
• /
• v.13 no.3
• /
• pp.13-26
• /
• 2019

Objectives: To investigate whether medical institutions can prevent accidents by analyzing the root cause of a medical accident and identifying the tendencies. Methods: A total of 345 medical cases were used for the RCA(Root Cause Analysis). The root causes were classified using the SHELL model. The suitability of the model was confirmed by SPSS's MDPREF and Euclidean distance. An SPSS20.0 hierarchical regression analysis was used as an influencing factor on the degree of injury resulting from medical accidents. Results: The SHELL model was suitable for classification. The rates of accident causes were LS49%, L34%, LL10.2%, LE3.7%, LH2.3%. The order in which the degree of a patient's injury was affected were: Risk Threshold (${\beta}=.180$), Time (${\beta}=.175$), Surgical stage (${\beta}=-.166$), Do not use procedure (${\beta}=.147$). Conclusions: Health care institutions should remove priorities through system improvement and training. For patients' safety, the five factors of the SHELL model should be managed in harmony.

• Korea Trade Review
• /
• v.41 no.1
• /
• pp.21-39
• /
• 2016

The problems of parallel import in China have been becoming hot issues day by day, because the brand name goods' price in China is much higher than in other developed countries. This study researched the parallel import's basic theories and law cases, and analyzed the legal matters of Chinese parallel import system. First of all, China hasn't any law on parallel import so far. So the court judges determined the law cases based on 「patent law」, 「trademark law」 or 「anti-unfair competition law」. Therefore even in the same case, there might be different decisions according to judges or applied laws. This study handled three different law cases on the parallel import. We found some problems of Chinese parallel import system, so our conclusion is that to solve those kinds of problems, China should legislate the new parallel import law as soon as possible.

• Korean Journal of Construction Engineering and Management
• /
• v.12 no.6
• /
• pp.142-150
• /
• 2011

Defect dispute has been increasing to claim by condominium, in increasing to demand and concern in value, quality, and management of apartment building since 2000s. In this study, for checking property of cost in crack issue with precedure of lawsuit on defect, it is analyzing details about repairing cost of concrete crack defect that formed 77 percent of repairing cost. Futhermore, it is studying of composition of repairing cost and difference of repairing cost by repairing method. This is checking details that cost growth has a difference whether court accept a acceptable range of crack width, and repairing method and reinforcement work has to choose between a surface treatment method, a filling method and a injecting method. Meanwhile, it is considerable that disparity of repairing cost whether is a method of painting work.

• The Journal of the Korea Contents Association
• /
• v.15 no.2
• /
• pp.187-195
• /
• 2015

This paper purposes to identify who is/are in charge of KBS broadcasting programming in view of freedom of broadcasting and interest of audience under the circumstance that Blue House put pressure on KBS to refrain from reporting Sewol Ferry disaster. For this purpose this study has reviewed prior theses, books, journals, laws, and cases, etc. It is analyzed that principal agents in charge of freedom of broadcasting journalism and programming are KBS employees in charge of producing broadcasting programs and KBS chief programming officer, who is appointed by KBS CEO. KBS CEO, who can easily be influenced by governmental pressure in terms of KBS structure, should avoid interfering with programming and producing directly or indirectly for freedom of the press and public interests.

• Journal of the Korea Society of Computer and Information
• /
• v.18 no.12
• /
• pp.167-177
• /
• 2013

Recently, desires for diversification of medical treatment throughout our society have been enhanced. It is thought that such a trend may be directly related to the introduction of 'alternative medicine'. This study is to establish the foundation of legalization of alternative medicine, starting with the movement for legalization of alternative medicine from constitutionality decision of medical law by the legal Information Constitutional Court. It also suggested the direction of discussion with issue of how to introduce alternative medicine beyond the stage of basic discussion, 'why' we must introduce alternative medicine, through profound investigation of preceding studies. In addition, the present study analyzed legal controversies from the appearance of alternative medicine based on the decisions of the Constitutional Court and the precedents of the Supreme Court and drew the prerequisites for the institutionalization of alternative medical treatments. It also reestablished terms of alternative medicine which have been indiscreetly used, presented methods for officialization of alternative medicine and compared and analyzed advantages and disadvantages of the methods.

• Journal of Convergence for Information Technology
• /
• v.11 no.1
• /
• pp.71-79
• /
• 2021

This study looked at the conflict between the aspect of the use of personally non-identifiable information for the development of the big data industry and the digital advertising industry and the aspect of personal information protection. In order to achieve the research purpose, this study focused on literature research such as thesis, legal texts, administrative regulations, and recent media articles. As a result of this study, the main issues related to the protection of personally non-Identifiable Information in digital behavioral advertising were 'conflict between freedom of advertising expression and personal rights', 'personalization of unidentifiable information', 'information imbalance'. In this regard, as measures to protect personally non-identifiable information in digital behavioral advertising, it was proposed to 'harmonize with freedom of advertising expression and personal rights, 'improve notification and consent. process', and 'reinforce the right to control personal information'.