• 한국산학기술학회논문지
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• 제18권4호
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• pp.216-223
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• 2017

화학물질은 전 세계적으로 1,500만 여종 이상 상업적으로 이용되고 있을 정도로 현대사회의 필수적인 요소이다. 그러나 이러한 화학물질 중에서 국민의 건강과 환경을 위협하는 위험성을 내포하고 있는 유해화학물질이 상당수 존재한다. 과거 사례를 통해 화학사고가 발생하면 인간의 생명에 얼마나 큰 위험성을 내포하고 있는지 알 수 있다. 화학물질사고의 특성상 짧은 시간에 큰 피해로 확산할 수 있으므로, 사전에 예방하고 사고발생 후에는 즉각적이고 신속한 대응이 매우 중요하다. 이에 국내의 화학물질에 대한 법제도가 2015년 기준으로 "유해화학물질관리법"에서 "화학물질의 등록 및 평가 등에 관한 법률"과 "화학물질관리법"의 체계로 이원화되었다. 그러나 현행법상 화학물질종합정보시스템과 화학물질정보처리시스템의 구축 및 운영을 하고 있지만, 여전히 화학사고는 지속적으로 발생하고 있다. 이러한 시스템은 화학물질사고 대응시스템이라기보다는 화학물질 정보에 그 목적을 둔 종합정보시스템이기에, 실질적인 사고대응에는 한계가 존재한다. 본 연구에서는 유해화학물질의 정보관리체계, 대응관리체계 및 화학물질 관리 지원 근거에 대해 분석하고, 이를 통한 현행 화학물질관리법 등의 개정방향과 지자체별 화학물질대응시스템을 개발 운영할 수 있도록 법제도 개선방안을 제안하고자 한다.

• 한국건설관리학회논문집
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• 제20권2호
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• pp.105-112
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• 2019

2015년에 건설기술진흥법이 전면 시행되면서 책임감리라는 표현이 없어지고 대신에 건설사업관리가 포함되었다. 건설사업관리 대가를 산정할 때는 국토교통부의 건설기술용역 대가기준에 명시된 실비정액가산방식에 근거해야 한다. 그럼에도 불구하고, 현업에서는 기획재정부의 예산편성지침에 따라 공사비요율에 근거하고 있다. 이로 인해 현장에서는 단일화된 정부기준에 따라 건설사업관리 대가가 산출되고, 건설기술용역 대가기준이 합리적으로 적용되기를 기대하고 있다. 또한 근로기준법령의 변경은 건설현장의 근무환경에 큰 영향을 미침에도 불구하고, 이 법령에 건설현장의 특성이 고려되지 않고 있다. 이에 건설기술진흥법령상의 대가산정 관련 규정이 검토되었고, 실비정액가산방식과 공사비요율방식에 의한 건설사업관리 대가가 검토되었으며, 근로기준법령의 적용으로 인해 발생할 수 있는 문제점이 도출되었다. 이러한 문제점을 토대로 본 연구에서는 건설사업관리 업무가 효율적으로 이루어지기 위해서는 정부에서 건설사업관리 대가를 산출시 관계기관 협의 후 정부차원의 단일 기준을 적용해야 한다는 점, 국토교통부의 건설기술용역대가기준의 적용범위가 명확하게 되어야 한다는 점, 건설사업관리 기술자 투입수량과 함께 기술자의 능력을 고려하여 대가를 산출해야 한다는 점, 근로일수와 근로시간이 결정시 건설특성이 고려되어야 한다는 점을 제시하였다.

• Journal of Korea Trade
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• 제25권2호
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• 대한통합의학회지
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• 제7권2호
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• pp.111-119
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• 2019

Purpose : The aim of this study was to investigate patterns of medical use among juveniles and adolescents, including for chronic disease, in Korea. The study sought to do the following: (a) investigate the extent to which chronic diseases account for medical expenditures, (b) investigate and the socio-demographic characteristics associated with medical use, and (c) identify the differences in medical use between juveniles and adolescents. Methods : We used data from the 2015 Korean Health Panel and selected 12 variables. The socio-demographic characteristics investigated included, growth period (juvenile, adolescents), gender, family income, national basic livelihood act status, disability registration, and degree of disability. There were five medical factors that were considered: emergency room use, hospitalization use, hospital outpatient use, chronic disease, and medical expenditure. Data were analyzed using stepwise multiple and logistic regression. Results : The prevalence of chronic disability in juveniles and adolescents was 31.1 % and 1 %, respectively. The factors affecting medical expenditures included hospitalization use, hospital outpatient use, family income, disability, gender, chronic disease, and emergency room use ($R^2=.160$, p<.05). For national basic livelihood act recipients, the probability of having chronic disease was about 1.6 times higher (OR=1.597, 95 % CI=1.092-2.335, p=.016), compared with non-national basic livelihood act recipients. People with disabilities were 6.6 times more likely than those without disabilities to suffer from chronic disease (OR =6.571, 95 % CI=2.776-15.556, p<.001). Hospital outpatient user was 2.3 times higher than non-user (OR=2.260, 95 % CI=1.702-3.001, p<.001). Juveniles had a 1.7 times and 6.2 times higher likelihood of emergency rooms user (OR=1.654, 95 % CI=1.270-2.155, p<.001), and hospital outpatient user than adolescents (OR=6.208, 95 % CI=4.443-8.676, p<.001). Conclusion : The findings of this study suggest that health care services for juveniles is needed to manage chronic diseases that have an effect on medical expenditures.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• 한국전자통신학회논문지
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• 제10권8호
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• pp.959-964
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• 2015

2008년에 장애인차별금지법이 제정되었고, 2013년 4월 11일부터 웹 접근성 준수가 시행되었다. 따라서 모든 법인과 단체는 2015년까지 웹 접근성 준수를 충족해야 한다. 본 논문은 한국형 웹 접근성 평가도구인 K-WAH 4.4를 적용하여 노인전문요양병원의 웹 접근성을 평가하였고 그에 대한 개선 방안을 제안하였다. 웹 콘텐츠 접근성지침 2.0에 따라 노인전문요양병원을 평가한 결과 매우 낮은 웹 접근성 준수율을 보였다.

• Journal of Preventive Medicine and Public Health
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• 제49권1호
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• pp.1-17
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• 2016

The Middle East respiratory syndrome coronavirus (MERS-CoV) outbreak in South Korea in 2015 has drawn public attention regarding the legal regulation of infectious disease control in Korea. This paper discusses the interpretive and legislative concerns regarding the Infectious Disease Prevention and Control Act, its ordinance and enforcement regulations, as well as public statements from the relevant administrative agency. Future improvements are also proposed.

• Journal of Power Electronics
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• 제15권3호
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• pp.602-609
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• 2015

In this paper, a zero current transition (ZCT) double-ended flyback converter is proposed. All of the switching elements act under soft switching conditions and the voltage stress of the main switches is limited to the input voltage due to the innate behavior of the double-ended flyback converter. Providing soft switching conditions and clamping the voltage stress improves the efficiency and electromagnetic compatibility (EMC). The Proposed converter is analyzed in detail and its operating modes are discussed in detail. Experimental results are presented to verify the theoretical predictions. Moreover, the conducted electromagnetic emissions of the proposed ZCT double-ended flyback converter are measured to show another merit of the proposed converter in addition to providing soft switching conditions. The measured electromagnetic interference (EMI) of the proposed converter demonstrates that its EMI is lower than the conventional double-ended flyback converter. Furthermore, two simple and cost effective EMI reduction methods are applied to satisfy the EMC standard.

• 디지털산업정보학회논문지
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• 제11권2호
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• pp.153-166
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• 2015

This paper proposes a trans-media branding for the trans-media-based cultural content marketing strategy. Trans-media brand analytical framework is proposed with previous studies. And mobile messenger Character 'Line Friends' is analyzed for the text. Trans-media branding is accessible through a multi-platform in the technological environment. Consumer culture, as well as participate include business models to generate revenue also as brand equity. While the character elements that make up the story from the perspective of cultural content storytelling act as an independent cultural goods. Character is segmented elements. Therefore, trans- media branding of the characters are more meaningful. 'Line Friends' trans-media branding can be summarized as follows: First, it takes advantage of the characteristics of the existing Information-Technology-based mobile. Second, it puts consistently found the content of the attributes of Mobile Messenger 'communication' and 'friendship'. And third, while the content of each platform is constantly linked with other platforms, the brand is positioned inside the window effect.

• Asian Journal of Innovation and Policy
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• 제4권1호
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• pp.76-102
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• 2015

Drawing upon the resource-based-view of a firm, we investigate the moderating role of operations efficiency on the link between environmental and financial performance. Extant literature has highlighted that operations efficiency is closely associated with the environmental/financial performance of firms, but no empirical study has investigated how operations efficiency affects the link between environmental and financial performance. We argue that operations efficiency could act as a moderator of this relationship. To test the hypothesized relationships, we have used available secondary quantitative UK data, namely data on the environmental/financial performance of Britain's most admired companies. By employing moderated regression analysis, we have found strong evidence for the moderating impact of operations efficiency. Our results are useful to managers in that they show that improvements in operations efficiency in a company can also help improve environmental/financial performance and vice versa.