• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.131-155
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• 2023

Medical act divides unlicensed medical practice into medical practice by non-medical practitioners and unlicensed practice by medical practitioners. In the past, it was a common approach to strictly distinguish between western and Korean medicine, but the Supreme Court's Decision of December 22, 2016, Do. 21314, provided a new direction regarding the criteria for determining whether a Korean medicine practitioner is acting outside license. This paper analyzes the new criteria in detail, examines the significance of the new criteria, and explores its impact on the dualistic medical system. The difference between the new criteria and the previous criteria in the precedents is that the judgment is not based on the connection between Korean medicine principles and Western medicine principles. It is an advanced standard that actively accepts the overlap and variability of medical practice, moving away from dichotomous thinking that exclusively distinguishes between Korean medicine and Western medicine.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.7 no.12
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• pp.101-110
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• 2017

According to the Statistics Korea in 2016, 56.9% of companies do not fairly pay compensation for employee invention, despite the increasing proportion of the inventions in corporations. One reason is that the objective calculation method for employee and patent's contribution and the clear standard of fair compensation have not been established. Therefore, this study proposes a new calculation method using DCF (Discounted cash flow) and AHP (Analytical hiearchy process) methodology to calculate the fair amount of employee invention compensation, and verified it through real case examples. As a result, 2.3 times higher amount of compensation was calculated than the previous approach. This study is meaningful that it provided objective compensation criteria that could more protect the inventor in the situation which the clear criteria for the calculation of fair compensation are not established. This methodology is expected to be applicable for SMEs as employee invention compensation.

• Journal of the Korea Society of Computer and Information
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• v.28 no.4
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• pp.165-174
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• 2023

Due to the Fourth Industrial Revolution, the influence applied to all areas of our society is continuing to develop at a rapid pace as the days go by. Recently, in the field of legal services, artificial intelligence technology has been introduced mainly in the United States, an advanced country, leading innovation in the legal market. As such, artificial intelligence is expected to rapidly grow as a means of replacing people, leaving the auxiliary role of people at a rapid pace, and the purpose of this study is to examine necessary measures for Korean professional legal professionals to survive in this legal market. After analyzing it based on prior research by domestic researchers and various data in Korea, the law was revised to prohibit non-lawyers from handling legal affairs, active state intervention in public information cases, and ways for the state and the private sector to check each other. Therefore, the above research is expected to throw a lot of discussion points in terms of legal services using artificial intelligence in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.45-85
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• 2005

The purpose of this paper is to examine the concept of "accident" under the Warsaw system including the Warsaw Convention for the Unification of certain Rules for International Carriage by Air of 1929 and the Montreal Convention of 1999. Most leading case on this subject is Air France v. Saks(470 U.S. 392 (1985)). In the Saks case, it was held that the definition of an accident must be applied flexibly, and most courts have adhered to the definition of accident in Saks case, the application of accident has been less than consistent. However, most cases have held that if the event is usual and expected operation of the aircraft, then no accident has occurred. Courts have also held that where the injury results from passenger's own internal reaction to the usual, normal, and expected operations of the aircraft, it is not caused by an accident. As the Warsaw drafters intended to create a system of liability rules that would cover all hazards of air travel, the carrier should liable for the inherent risks of air travel. It is right in that the carrier is in a better position than the passenger to control the risks during air travel. Most US courts have held that carriers are not liable for one passenger's assault on the other passenger. The interactions between passengers are not part of the normal operations of the aircraft and are therefore not covered by the word "accident" under Art 17 of the Warsaw Convention. It is regretful that the Montreal Convention did not attempt to clarify the concepts of accident in itself. In the light of an emerging tendency to hold the air carrier liable for occurrences that do not exactly go to the operation of the aircraft, it is desirable to regulate that the carrier is liable for an "event" instead of an "accident" in accordance with the Guatemala City protocol.

• Clinical and Experimental Pediatrics
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• v.48 no.8
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• pp.813-819
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• 2005

Purpose : Medicolegal problems start when the patient asserts the mistake of doctor and doctor does not accept it. The purpose of this study is to assess the actual condition of medicolegal problems and to provide solutions of medicolegal problems in the pediatric field. Methods : There is not official statistical data about medicolegal problems in our country. We gathered data of legal insurance program of Korean Medical Association(KMA) and court cases and other fragmentary data. Results : Between 1981 and 1995, of total 2,338 cases reported to legal problem insurance program of KMA, most common ones were 748 cases of obstetrics and gynecology. Pediatric case was ranked at the 5th, 74 cases(3.1%). According to analysis of 41 medicolegal cases' after 1990, maltreatment of patient had the highest incidence of 14 cases, injection and medication were related to 12 cases, misdiagnosis was 9 cases, patient management were related to 4 cases, and others were 2 cases. The trial result of the medicolegal cases was that 31 cases were compensated, and 8 cases were defeated, and 2 cases were still in the process. Conclusion : The aspect of medical legal problem has the tendency of radicalism and systematization. This brings an economic destitution in the patient and gives damage to a doctor. In order to reduce medicolegal problem, doctor should offer a duty of explanation and efforts to his best to satisfy patient and endeavor to make an intimate doctor-patient relationship.

• Journal of the Korean Society of Radiology
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• v.15 no.5
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• pp.761-770
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• 2021

In order to establish an independent relationship between occupations in accordance with the abuse of doctor's orders and employment, the position of each physician and medical technician group, and the education system and laws of Japan, the United States, and England To promote the improvement of public health. The main differences in positions among related interest groups were analyzed, and the proposals and precedents of the National Assembly laws that were initiated after 1963 were analyzed and compared with the laws of developed countries. Among the OECD member countries, 26 countries except Korea have enacted a single law for medical technicians, and the meaning of instructions and supervision differs from country to country. The Medical Technician Act, etc., is inappropriate to apply the current and situation of the times as the laws of the 20th century to represent all the laws of the eight medical technicians. It is thought that a change in the word of direction and supervision under the control of the company is inevitable from a future-oriented horizontal perspective.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.54-63
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• 2022

The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

• International Commerce and Information Review
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• v.16 no.4
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• pp.125-150
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• 2014

The number of dangerous goods are increasing in maritime transport. As a result, a number of nations and international organizations are establishing or amending the rules of dangerous goods. There is necessarily the transport of dangerous goods like fuel and the importance of the definition and scope of the goods is increased. In addition, the responsibility between the parties is different with the notification of the goods and its awareness of transporters. In particular, responsible clauses of the transport rule show antithetical concepts between the scope of immunity and the responsibility of a shipper concerned with wether transporters aware. This research performs two works. First, this research analyzes the definitions and scope of dangerous goods through prior research. Second, this research suggests the necessary of united interpretation of the articles through a comparative analysis on judical decisions concerned with awareness of transporters to dangerous goods. Dangerous goods have a distinctive feature and that is why responsibility and immunity between parties should be differently interpreted with general rules. Parties have duty concerned with faults on general goods and the scope of duty between parties can be specifically made. However, if there is no specific articles concerned with responsibility between parties to dangerous goods, they could confuse the responsibility on duties concerned with risk. Therefore, this research suggests solutions and necessary of the united criteria for the articles to dangerous goods through analyzing precedent cases.

• The Journal of Society for e-Business Studies
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• v.22 no.1
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• pp.107-122
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• 2017

Nowadays, digital forensic experts are not only computer experts who restore and find deleted files, but also general experts who posses various capabilities including knowledge about processes/laws, communication skills, and ethics. However, there have been few studies about qualifications or competencies required for digital forensic experts comparing with their importance. Therefore, in this study, AHP questionnaires were distributed to digital forensic experts and analyzed to derive priorities of competencies; the first-tier questions which consisted of knowledge, technology, and attitude, and the second-tier ones which have 20 items. Research findings showed that the most important competency was knowledge, followed by technology and attitude but no significant difference was found. Among 20 items of the second-tier competencies, the most important competency was "digital forensics equipment/tool program utilization skill" and it was followed by "data extraction and imaging skill from storage devices." Attitude such as "judgment," "morality," "communication skill," "concentration" were subsequently followed. The least critical one was "substantial law related to actual cases." Previous studies on training/education for digital forensics experts focused on law, IT knowledge, and usage of analytic tools while attitude-related competencies have not given proper attention. We hope this study can provide helpful implications to design curriculum and qualifying exam to foster digital forensic experts.

• Korean Journal of Construction Engineering and Management
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• v.17 no.5
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• pp.35-44
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• 2016

Various risk factors are known to be the nature of construction project execution process. These factors lead to potential claims, dispute mediation, arbitration, and litigation which can result in huge loss of money and time. Therefore, it is necessary for construction companies in Korea to improve overall project management capability through the evaluation before entering into the overseas construction market. Also, after examination of the claim and dispute caused by construction project risks, a substantial degree of influence and active preparation for the claim and dispute management should be confirmed via the effect analysis of the each factors. Main claim causes were derived through claim and dispute cases involved with domestic construction projects. As a prediction result of the main claim, 16.1% of the construction change claim, 5.7% of the bad faith claim and 2.7% for the construction delay claim were found to be the portion of the total construction cost. As a result of this analysis, risk management methodology was suggested to improve a project management capability for domestic construction companies through analysis result of the main factors of construction claims.