• Journal of Cadastre & Land InformatiX
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• v.44 no.1
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• pp.97-111
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• 2014

As urbanization and industrialization develops, the necessity of utilizing scarce land in three dimensions is raising. The issue of utilizing underground space is being actively discussed particularly when Geyeonggi-do announced GTX(Great Train Express) construction plan which aims to relieve traffic congestion in metropolitan areas. The current regulation on compensation of underground space is based on "Regulations on compensation standard complied by using underground space for construction of urban railway" but it is difficult for covering the whole rights to protect a three-dimensional right. In this context, the study is to propose the improvement plans of land right's problem and compensation issues to utilization of underground space for the right complementary. To do this, the study reviews the use situation of the classification surface right and using adjudication which defines the effect scope of underground space extending land ownership. As well as it analyzes issues about compensation standard for utilizing of underground space.

• The Journal of the Korean life insurance medical association
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• v.30 no.2
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• pp.8-11
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• 2011

Insurance medicine has been known to medical risk selection. The role of insurance medicine is sound maintenance of insurance system. So it's function is medical underwriting of life risks. However, emerging market has insufficient medical epidemiological research that is necessary for estimation of extra-risk and such market is usually lack of full understanding of life insurance among insurance customers. This problem makes difficult of performing the medical underwriting, as an original insurance medicine. Medical contributions at the stage of claims adjudication comparing the coverage provided in the product, with the information provided in the claims, based on medical records and the agreement between them. This is called medical verification. The insurance doctors can also use their medical knowledge to help the claims staff with informing claimants about the medical basis of claims decisions.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.173-198
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• 2004

Recently in Korea, franchise system has been specially used in the distribution industry. However, it also brought up many problems caused by various issues between franchisor and franchisee. The purpose of this article is to review recent trend of the franchise transaction contracts and resolution of the disputes in Korea. And to expand to use of ADR(Alternative Dispute Resolution) system as a practical dispute settlement procedure including mediation and arbitration. Arbitration means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties. Arbitration agreement is a prerequisite for either party to a dispute to commence arbitral proceeding and may be in the form of a separate agreement or in the form of an arbitration clause in a contract and shall be in writing.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2011.05a
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• pp.455-458
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• 2011

일명 일심회 사건으로 디지털 포렌식이 과학수사에서 활용되는 가운데 판결한 최근 사례로서 1심 판결과 2심 판결에서 디지털 증거의 채택여부를 달리하였다. 학계와 법조계의 의견이 분분한 가운데 일심회 판결문의 1심 판결에 대한 중요성은 수차례에 걸쳐 연구되고 논의되었으나 2심 판결에서 이를 번복하므로 디지털 증거의 인정여부를 위한 문제점과 해결, 절차에 대한 연구가 다시 시작할 시점에 이르렀다. 본 연구에서는 디지털 증거가 법적증거로 인정될 수 있는가에 대한 논의를 시작으로, 일심회 사건의 1심과 2심의 판결을 중심으로 디지털 포렌식 증거의 분석을 통해서 문제점과 해결방안을 제시한다. 본 연구결과 디지털 포렌식의 수사현장에서 필요한 조건을 검토하고, 이를 이행함으로써 과학수사의 일환으로 디지털 증거가 법정에서 채택할 수 있도록 한다.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.31-36
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• 2001

Construction contract have great possibility of dispute between contract parties because of long term performance of contract, various participation of the person concerned, effect according to external environment, etc. It is needed correct comprehension and construction management because good reason of claims depends upon contract document or clauses of the related laws and regulations in cases. The purpose of this study is to suggest desirable Interpretation principle for the harmonious management of the construction work in the cases or arbitration adjudication.

• Journal of the Korea Safety Management & Science
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• v.2 no.1
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• pp.19-26
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• 2000

These days, the interest in the gas safety management has been increasing in our society, It needs the estimates to later investment in points of the gas safety management investment for prevention costs from gas accidents. It is written the general concept of gas safety management and the items that should be invested under the current policy. However they are not defined clearly and We have lots of difficulties in adapting them to actual spots and understanding them by their carry-out. When it follows the current safety standards, they doesn't meet the possibilities of mutual comparison, because gas safety management investment's definition is different. And sufficient information is not supported to efficiency adjudication of gas safety management investment. In this paper, you can find that Gas safety management is defined in order to more effective gas safety management investment, and the Socioscentific approach method was used to decide the gas safety management items that shall be invested.

• Journal of Arbitration Studies
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• v.33 no.3
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• pp.95-106
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• 2023

This informative piece delves into the intriguing and crucial history of third-party funding in Nigeria and its application in the Arbitration and Mediation Act of 2023. The article analyses the impact of this funding on cross-border transactions while addressing concerns about mandatory disclosure. The absence of remedies or sanctions for non-disclosure is also a matter of concern that warrants thoughtful examination. The article looks closer at the role of courts, tribunals, and arbitral institutions in addressing gaps in the Act. Ultimately, it presents a well-considered set of recommendations for moving forward. Overall, this piece provides a comprehensive and insightful look into the intricate world of third-party funding and its significance within the Nigerian legal system.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.3-39
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• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.125-151
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• 2018

Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.

• Journal of the Korean Society of Radiology
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• v.15 no.4
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• pp.481-490
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• 2021

There is no qualification system for sonographers in Korea. But the MEDICAL SERVICE TECHNOLOGISTS, ETC. ACT stipulates that radiological technologists can handle ultrasound equipment. However, there is controversy about the scope of the work allowed for radiological technologists to perform ultrasound examinations. Accordingly, the authoritative interpretation of the Ministry of Health and Welfare of Korea, the adjudication of administrative judgment, and the judgment of the courts were analyzed. As a result, the authoritative interpretation expresses that when a radiological technologist performs an ultrasound examination, a diagnosis and specific guidance should be made in real time while the doctor simultaneously watches the radiological technologist's images. In the adjudication of administrative judgment, it was decided that the handling of ultrasound-related equipment was the work of the radiological technologist. The court ruled that it was illegal for a radiological technologist to make a medical judgment on ultrasound examination. In the United States, Canada, etc., the sonographer independently conducts ultrasound examination according to the doctor's prescription, prepares a summary of what they saw and this is passed on to the doctor. Therefore, in Korea, there is a need for institutional improvement so that radiological technologists can perform ultrasound examinations according to doctors' prescriptions without real-time guidance.