• Journal of Arbitration Studies
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• v.26 no.4
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• pp.129-149
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• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

• Journal of Navigation and Port Research
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• v.35 no.6
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• pp.523-531
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• 2011

The recent increase in international car-ferry lines between Korea and Japan as well as China brings needs for proper transportations of special cargo, such as machinery and luxury yacht, etc. International multimodal transport, especially international car ferry through truck-sea-truck system enables to fulfill shippers' needs for "Door to Door Service", of such special goods. However, this international multimodal transport of bulk cargo will cause a possible claim for concealed damages during such transportation. For this reason, this study aims to examine the liability system of the multimodal transport operator as well as to investigate liability for concealed damages theoretically and finally to seek proper measures for them. Futhermore, this paper intends to verify the claims for concealed damages to further the international multimodal transport by car ferries between Korea and Japan.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.469-492
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• 2000

"International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.85-105
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• 2016

Independent guarantee is new financial product developed in international commercial transaction. The nature of independent guarantee is an independent undertaking, which takes the form of documentary transaction. As long as the documents presented by the beneficiary are on their face complying with the terms and conditions of the guarantee, the guarantor is obliged to pay upon the complying presentation. Where parties choose to apply for issue of independent guarantee in international commercial transactions in China, Chinese court shall respect the autonomy of parties. If either the guarantor or the beneficiary is located outside of China, or the facts which cause the establishment, change or cancellation of independent guarantee relationship occurred outside of China, it shall be deemed as foreign related independent guarantee. If the interested parties requests for confirmation of the independence of foreign related independent guarantee, it shall be supported by Chinese court. However, parties dealing with Chinese domestic commercial transaction have not fully realized the severity of independent guarantee liability. The market credit is being cultivated and the financial innovation is being explored at present in China. In order to guard against the systematic and the regional financial risk, before relevant rules are promulgated, Chinese court shall not recognize the independence guarantees issued for the domestic commercial transaction, but treat it as joint liability surety.

• The Transactions of The Korean Institute of Electrical Engineers
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• v.57 no.1
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• pp.82-87
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• 2008

It is impossible to database(DB) the patterns of power cable events and cause analysis of faulted cable because the product liability(PL) law have been enforced in Korea, since 2002. In additions, simulation and pattern of power cable events are needed for DB system under accelerated deterioration. In this paper, we tested for resistance to cracking of cable below the 22.9kV class due to thermal stresses. This method of exam is following IEC 60811-3-1(Common test methods for insulating and sheathing materials of electric cables). From the results, The 22.9kV calss A power cable was discolored on the surface and significantly reduced in the longitudinal direction. As the thermal weight properties of A power cable was definitely varied, we are able to guess the problem of manufacture. If the cable was defect by the manufacture, the victims would be able to claim for damage in the PL system.

• Journal of Applied Reliability
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• v.6 no.1
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• pp.93-103
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• 2006

Basic function of calorifier system is to supply warm water to the vessel. The heater used in the calorifier system plays a very important role in its reliability. The failure mechanism of heater are compared with accelerated life test. The main cause of failed heater is pitting corrosion occurred between the surface of heater and spacer. To prevent the corrosion failure from heater, material of spacer replaces metal(SUS 304) with polymer (Acryl). The life of redesigned heater can guarantee 2.47years of B10 life under the worst condition.

• Korean Journal of Social Welfare
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• v.59 no.3
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• pp.59-73
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• 2007

The compensation system in industrial accident insurance is systemized with "either receiving all or no benefits at all" according to "admited or denied as an industrial accident". Therefore, they are centered on the decision as "industrial accident" or "non-industrial accident", but judging between the two is very complicated, and has inherent conflicting factors. In the early stage of industrialization, industrial accident compensation was based on the indemnity liability for employer's faults. In order to be compensated any damage, the injured worker should prove that the accident was not due to his or her faults. However it was very difficult for injured worker or his or her family to prove the employer's faults, so it was almost impossible to get compensation. Thereafter industrialization progress and improvement of workers' political status lead to conversion from principle of liability with employer's faults to principle of liability without employer's faults. In addition to that, coverage of industrial accident compensation was also expanded. This improvement strengthened the benefit payment principle of "All or Nothing". Even though the "All or Nothing" principle provokes tremendous criticism, the reason why it's difficult for industrialized countries to adopt partial compensation system, is that partial compensation system worsens the administrative hardship, therefore industrialized countries overcome the restrictions of the "All or Nothing" principle with making balance in provisions for any risk to some extent. However, in Korea because the general compensation system for covering medical cost and income loss from accidents, is not equipped, it could be possible to cause acute conflicts with regard to coverage of industrial accidents. Therefore it is required to improve the industrial accident insurance with the acceptance of the significance and logic of discriminated compensation, and create the integrated compensation system in the long run.

• Korean Journal of Construction Engineering and Management
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• v.19 no.4
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• pp.34-42
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• 2018

Apartment is a typical type of housing preferred by the majority of people. However, and defect disputes occur because various defects such as cracks, subsidence, breakage, water leakage, dew condensation and dropout are confirmed with numerous structures and finishing materials. From this point of view, this paper analyzes defect frequency and costs of each warranty period by work types, and estimates defect risks by using defect dispute cases. It examined about 5,337 defect items for 32 apartment over ten years old. In this paper, there are 10 types of work types and the warranty liability period is divided into 6 categories. Based on these categories, defect frequency and costs are investigated, and finally defect risk of the warranty liability period by work types confirmed. As a result of this analysis, it was found that defect risk in RC and finishing work is very high. Especially the RC work revealed that there is a high risk of trying from the third year onwards and it was found that the defect risk up to the second year is high in the finishing work. Due to aging of RC structure, the defect risk gradually increases, and finishing work initially cause defect disputes because of the housing environment.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.629-635
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• 2011

Retentions are generally considered to be intended to act as a powerful tool to incentivize contractors/subcontractors to remedy defective work in cases of non-performance. This study attempts to establish the extent to which retentions can be used for this purpose by investigating case law connected with insurance and defective work. One of the significant questions is whether retentions are sufficient to deal with construction defects or value of retentions in the rectification of defects is illusory. The cost to repair a defect may vary depending on a number of components including type, cause, magnitude and the construction stage at which the defect occurs. It is expected that a review of existing cases on defective workmanship will provide an insight on the issues and whether retentions are effective in their intended function. In order to establish their functionality, the study described in this paper investigated 6 construction insurance cases to identify the critical issues and the causes of dispute. It was found that the nature and the cause of defects were different in each case. It was also established that certain defect types not covered by insurance may be covered by retentions - potentially one of the key uses of a retention strategy. It is expected that the findings will assist in forming a view on the quantum of money that may be required paving the way for a first time understanding on a rational basis for setting up retention regime.

• Molecules and Cells
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• v.23 no.1
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• pp.39-48
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• 2007

Charcot-Marie-Tooth (CMT) disease and hereditary neuropathy with liability to pressure palsies (HNPP) are frequent forms of genetically heterogeneous peripheral neuropathies. Reciprocal unequal crossover between flanking CMT1A-REPs on chromosome 17p11.2-p12 is a major cause of CMT type 1A (CMT1A) and HNPP. The importance of a sensitive and rapid method for identifying the CMT1A duplication and HNPP deletion is being emphasized. In the present study, we established a molecular diagnostic method for the CMT1A duplication and HNPP deletion based on hexaplex PCR of 6 microsatellite markers (D17S921, D17S9B, D17S9A, D17S918, D17S4A and D17S2230). The method is highly time-, cost- and sample-saving because the six markers are amplified by a single PCR reaction and resolved with a single capillary in 3 h. Several statistical and forensic estimates indicated that most of these markers are likely to be useful for diagnosing the peripheral neuropathies. Reproducibility, as determined by concordance between independent tests, was estimated to be 100%. The likelihood that genotypes of all six markers are homozygous in randomly selected individuals was calculated to be $1.6{\times}10^{-4}$, which indicates that the statistical error rate for this diagnosis of HNPP deletion is only 0.016%.