• Journal of the Korean Geotechnical Society
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• v.16 no.4
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• pp.17-30
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• 2000

The objective of this study is to evaluate the lateral earth pressure and the stability of small scale retaining wall with waste foundry sand(WFS) mixtures as a controlled low strength materials (CLSM). Three different types of WFS, like Green WFS, Hurane WFS and Coated WFS, were used in this study, and fly ash of Class F type was adopted. To evaluate the lateral earth pressure and the stability of retaining wall, two different samll scale retaining wall tests, which are called an artificially controlled strain method and a natural strain method, were carried out. In case of an artificially controlled strain method, the coefficient of lateral earth pressure, just after backfilling of WF mixtures, was around 0.8 to 1.0, and most of earth pressure was dissipated within 12 hours. In case of a natural strain method, two steps of stage constructions were employed. The mixtures of Hurane WFS and Coated WFS showed fast decrease of earth pressure due to a relatively good drainage. Judging from the sta bility of retaining wall for overturning and sliding, two steps of stage construction for 2 days were enough to finish the backfill of 6-m height of retaining wall. Also, considering the curling effect of WFS mixtures, the stability of retaining wall increased as curling time increased.

• Communications for Statistical Applications and Methods
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• v.18 no.1
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• pp.119-130
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• 2011

This paper measures and analyzes the performance of insurance companies in Korea in respect to sustainable development and suggest strategic implications based on the analysis. The correlation, regression, ANOVA, and t-test are employed. The results of this study are summarized as follows. First, it shows tat social index is important in the life insurance industry; however, the environmental index, is important in the non-life insurance industry. Second, the result gained by regressing the size and financial soundness on the performance of sustainable development demonstrates that the size variable is statistically significant. It suggests that size is a necessary condition for sustainable development. Finally, ANOVA shows that the small and medium sized companies have a significantly poor performance compared to the large companies concerning the social index and reputation index in the life insurance industry. The small and medium sized companies in the non-life insurance industry exhibit a significantly poor performance compared to the large companies in respect to all the indexes, except for the social index. Therefore, the small and medium sized companies make every endeavor in the poor indexes to improve performance.

• Korean Journal of Social Welfare
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• v.66 no.2
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• pp.31-49
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• 2014

The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

• Journal of the Korea Society of Computer and Information
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• v.20 no.6
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• pp.107-115
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• 2015

A fine is defined to the criminal penalty which is slighter than imprisonment on a system of criminal penalty, but put practically a seat to imprisonment and similar strong discipline contrivance to commission agent in capitalism societies be doing. Also, did heavy commission, but the corporation time, a fine to consider the respect which cannot impose other criminal penalty, and cannot but impose fine penalty only to this corporation carries out art as important criminal penalty than the commission which a person does. But fine drawing of our country cannot carry out art scaring to criminal penalty to rich body as aggregate fine drawing, and a lot of, but do abatement duration of a fine so as same, and be most in spite of adjudication criminal sentence occupying at criminal case adjudication, and difference cannot do to an amount of a fine that is carrying well out the art. Therefore, and have to change to the daily fine systemdm which gained because of total fine system in order to carry out value as modern criminal penalty, and a few fines shall exchange to penalty payment system according to complement department canon of Penal Code, and social accusation protects individual information of low commission agent if so, can normally do art accomplishment of criminal penalty. The system that the maximum can guarantee right of defence of accused has to have to be introduced in procedural a few aspect to pronounce this and a fine. Specially, let explain necessary fact to be related to, and informal procedures understand, and introduction of drawing to be able to get from accord of accused is necessary for accused before charging to informal decree in order cannot be guaranteed right of defence this of accused while consisting in writing of whether accusation and adjudication are procedural at informal procedures, and to supplement respect.

• Korean Security Journal
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• no.61
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• pp.333-352
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• 2019

In January and August 2019, there were amendments to the Unfair Competition and Trade Secrets Protection Act (UCPA) and the Industrial Technology Protection Act(ITPA). These amendments will contribute to technology protection. But these amendments need to be supplemented further. In the area of civil remedies, despite the introduction of treble damages in the case of the UCPA and ITPA, the provisions related to the submission of supporting data have not been maintained. Therefore, it is necessary to recognize the claim of the other party as true if it is maintained at the level of the revised Patent Act and the scope of submission of supporting data. And the enforcement of the case of compulsory submission for the calculation of damages, and the order of filing documents are not followed. ITPA, on the other hand, has introduced the compensation for damages, but there is no provision for estimating the amount of damages. Therefore, it is necessary to estimate the amount of lost profits, profits, and royalties. In the area of criminal remedies, both the UCPA and ITPA have raised the penalty, but the sentencing regulations are not maintained. In addition, although the recent outflow of technology has expanded beyond organizational deviations to organizational outflows, amendments need to be made in relation to the serious consequence for the punishment of related juristic persons, such as companies involved in it. It should be noted that Japan and the United States have corporate regulations and regulations. In addition, in relation to the confiscation system, Act on Regulation and Punishment of criminal proceeds concealment require that domestic defenses be confiscated by defense industry technology, while trade secrets and industrial technologies are confiscated only by "foreign" outflows, and an amendment is necessary.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.117-144
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• 2020

In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.43-65
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• 2023

The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.

• Journal of Korea Fair Competition Federation
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• no.98
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• pp.2-9
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• 2003

이번의 손해배상제도 개편은 사법적 구제의 확대를 통한 경쟁법 집행구조의 근본적 개편을 위한 하나의 계기에 불과하다. 이번 개정안에서 반영되지 아니한 금지청구제도 도입, 독일법제에서 보는 바와 같은 불공정거래행위 사건의 순수한 민사사건화와 같이 공정거래법 위반사안의 성질과 효과를 감안한 민형사 및 행정적 구제수단의 차별화, 공정거래법 위반사건에 대한 검찰의 원고 적격 부여 등은 시장에 미칠 충격을 감안하면서 지속적으로 검토되어야 할 남은 과제라고 할 것이다.

• Journal of Korea Fair Competition Federation
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• no.158
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• pp.84-103
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• 2011

대법원이 2011년 6월에 선고한 공정거래 관련 판결 중 지면 관계로 지난 호에 미처 소개하지 못한 것들과 2011년 7월부터 8월까지 사이에 선고한 공정거래 관련 판결 중 주요한 것들을 소개한다. 이 사이에 대법원은 행정, 민사, 형사 전 분야에 걸쳐 상당히 의미 있는 판결들을 많이 선고하였다. 그 중 배타조건부 거래행위와 관련된 대법원 2011. 6. 10. 선고 2008두 16322 판결, 지로수수료 인상 합의와 관련된 대법원 2011.6.30. 선고 2009두 18677 판결, 군납유류 담합 입찰에 기한 국가의 손해배상청구와 관련된 대법원 2011.7.28. 선고 2010다18850 판결 등이 특히 중요한 의의를 가지고 있는 것으로 보인다.

• 월간 기계설비
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• no.9 s.194
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• pp.45-53
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• 2006

정부는 8월 15일 광복절을 맞아 특별사면을 단행하고 정부, 지자체, 공기업 등 각 기관별로 지난 8월 15일부터 시행에 들어갔다. 이에 따라 영업정지,입찰참가 제한 등을 받고 있는 4,441개 건설사에 대한 제재조치가 해제된다. 또 자격정지 등 행정처분이나 벌점을 받고 있는 건설기술자 4,390명에 대한 처벌도 삭제된다. 반면 민,형사상 책임과 과징금,과태료,이행감제금 등의 납부 및 이행의무는 사면대상에서 제외된다.