• Title/Summary/Keyword: Civil responsibility

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Performance Problems Analysis and Establishment of Action Strategies for Program Educational Objective Improvement (프로그램 교육목표 개선을 위한 수행문제분석 및 추진전략 수립)

  • Jin, Sung-Hee;Lee, Myong-Kyu;Yoo, Mi-Na;Yun, Hae-Seon
    • Journal of Engineering Education Research
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    • v.14 no.3
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    • pp.45-54
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    • 2011
  • The purpose of this study is to analyze performance problems in establishing and improving program educational objectives (PEO) and to set up action strategies for the civil engineering program at the A university. To fulfill the purpose, according to the typical needs analysis model, research problems were defined, current conditions and desired conditions were identified, discrepancies and their reasons were examined, and action strategies were derived. Current conditions and desired conditions were identified by analyzing the A civil engineering program's self study report, conducting surveys and interviews with constituents. After the discrepancies and the reasons were examined, performance problems and field force analysis were conducted to draw short term and long term action strategies to improve PEO. Short term action strategies were to announce PEO to current students, to hold faculty seminars to establish and to improve PEO, to renew the list of constituents regularly, to composite an annual milestone, to define roles of the committees, and to enforce educational opportunity toward industrial advisory board members. For the long term strategies, improvement and documentation of PEO assessment system, collection and analysis of constituents' suggestions, establishment of effective accreditation support system, and arrangement of compensation system for the faculties who are in charge of engineering education accreditation responsibility.

Legal Issues on the Diving Apparatus Fishery: The case of contract responsibility and accountability at the time of ship collision (잠수기 어업과 관련한 법률상의 쟁점 -약정책임과 선박충돌시의 법정책임을 중심으로-)

  • Heo, Gyeom;Shin, Hyeon-Ok;Lim, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.26 no.3
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    • pp.647-655
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    • 2014
  • In this research, unlike other fishing, the diving apparatus fishery is that the diver is engaged in fishing for profits. Because it is unique fishery, conflicts can be occurred in members. So, the purpose of this research is to define the contractual relationship between the parties of the diving apparatus fishery. For example, the relationship between the owner and diver and the owner and fishing ship crew. In addition, civil liability of default on the obligation was reviewed. Also, because the trouble was occurred by illegal fishing, criminal liability of ship crash caused by illegal diving apparatus fishery was considered. As a result, It is important to notifying the necessity of some method for the status of diver and fishing ship crew in diving apparatus fishery. moreover, It is need to educate the risk of illegal fishery for the parties of diving apparatus fishery.

Improvement of Turn-key Contract System through the Analysis of Present Ordering Condition in Civil Engineering Projects (토목공사 수주현황 분석을 통한 턴키${\cdot}$대안입찰제도의 문제점 및 개선방안 연구)

  • Lee Yang-Kyoo;Kang Leen-Seok;Park Jong-Hyuk;Jeon Seong-Chul
    • Journal of the Korean Society for Railway
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    • v.8 no.5
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    • pp.460-469
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    • 2005
  • Turnkey contract system is an effective ordering system for the ordering organizations that technical engineers are insufficient for their construction projects. It is possible to reduce project duration and to improve project quality in an integrated contract system between design and construction. However, owners can have a difficulty caused from unitary responsibility system. This study analyzes present situation and problems of turnkey contract system including railway projects. The result includes various methods for improving the system based on the analysis of bid price and selection procedure.

A Study on Developing the Guideline of Risk Management utilizing BCP technique for Airport Corporation (공항전문기업의 BCP기법을 활용한 위기대응 가이드라인 개발에 관한 연구)

  • Seo, Byung Seok;Shin, Do Hyoung
    • Journal of the Korea Safety Management & Science
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    • v.17 no.2
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    • pp.67-78
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    • 2015
  • The purpose of the establishment of corporation's Business Continuity Plan(BCP) is to maintain corporations' own business and establish the response plan in order to resume operation in a short time period when crisis situations occur due to natural disaster and human error. This study has presented all types of procedures and criteria which are needed to establish the airport crisis response system in order to maintain the business continuity by utilizing BCP technique. Basically the risk response procedures must be established in the process of (1) preparation stage, (2) plan development stage, (3) documentation stage, (4) test & maintenance stage. The guideline has been suggested that each stage must be carried out in the sequence of Policy & Planning Responsibility, Business Impact Analysis, Recovery Strategy & Plans, Emergency Plan & SOP, Training Awareness and Maintenance & Review

A Study on the legal status about chief of fishing boats (어로장의 법률상의 지위에 관한 연구)

  • Lim, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.23 no.4
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    • pp.723-733
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    • 2011
  • On the general fishing boat in the same person of the fishing Chief and the Captain, the fishing chief positions are not separately. In this case, in Civil, Criminal and Administrative law, does not cause any problems. Just he take only responsibility for the legal effect of each, this is a natural solution for the effects of laws. But, if make one work unit, the fishing chief take fishing work from the position of the dominant of the captain, and moreover throughout the voyage work commands the captain. Such fishing chief center structure have roots institutive. In the case, according to legal liability by presenting solutions to the problem are as follows : firstly, The legal division Of the Sailing courses and operation course are necessary. Secondly, In the adminstrative ship official law, obligatory acquisition of the fishing Chief marine engineer qualification is necessary.

A Study on Legal Problems over Unmanned Vehicle of the Fourth Industrial Revolution - Focusing on the Autonomous Driving Vehicle and Drone - (제4차 산업혁명 시대의 무인 이동체를 둘러싼 법적 문제점 연구 - 자율주행자동차와 드론을 중심으로 -)

  • Kye, Kyoung-Moon
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.28 no.7
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    • pp.519-527
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    • 2017
  • The trust issue on the safety of autonomous vehicle is a very important in regard to the demand generation of relevant industries. To secure the trust, The study of legal liability issue should be prior to an accident of the autonomous vehicle. In civil law, it is possible to make the automobile manufacturer take legal responsibility with the "Product Liability Act". Whereas, in criminal law, it is difficult to make him take legal responsibility since the criminal law holds the actor responsible. To solve these problems, this article proposes the establishment of the "Special Act on Autonomous Vehicle". Also, there is a demand for building infra structures and system to operate the (fully) self-propelled vehicle and establishing "certification" systems.

Legal Standings of the Patient and the Doctor within the National Health Insurance - With its focus on the issue of arbitrary medical charge cover - (건강보험에 있어서 의사와 환자간의 법률관계 - 임의비급여 문제를 중심으로 -)

  • Hyun, Doo-Rhyun
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.69-118
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    • 2007
  • In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

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Legal Issues and Proposed Solutions of Electronic Agents in Electronic Commerce (전자상거래에서 전자대리인의 법적 문제점과 개선방안)

  • Woo, Kwang-Myung;Cho, Hyun-Sook
    • International Commerce and Information Review
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    • v.13 no.1
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    • pp.197-216
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    • 2011
  • Computer technology has enhanced a new transaction between device or software not just between humans. It offers users agent-like functionality and becomes increasingly common. It's roles diverse from gathering informations to automated trading. However, the use of new technology challenges to traditional legal systems and makes issues in adjusting the legal systems. Contract with electronic agents makes some issues such as whether the contract is enforceable or what principle's responsibility about the operation of electronic agents is. This paper analysis these issues and provides some solutions. First of all, we should make a legal act or revise previous laws. It is better that new civil law establishes for electronic communications and approach the law of agency for attribution of the responsibility issue. Secondly, in practice, website such as shopping mall should provide the terms of conditions to bind a contract.

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A Study on the Necessity of Limitation for Legal Liability in Marine Accidents (해양사고에 있어서 책임귀속의 제한 필요성에 관한 연구)

  • Ji, Sang-Won
    • Journal of Navigation and Port Research
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    • v.34 no.3
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    • pp.251-255
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    • 2010
  • A marine accident is caused various legal liability such as compensation for damages on civil law, responsibility on the Criminal Code and administrative sanctions. The results occurred by any acts is not connected directly to the legal responsibility. As a prior condition for these legal liabilities, it is required the causation between the act caused and the occurrence of the effect. It is very difficult to find out the cause in marine accidents, because of trouble of a proof security, the place occurred, time difference between accident and investigation point of time etc.. However, finding out the correct cause is an element important to prevent similar accident and to determine the liability reverted. The logical concept of the causation is not limited, but there is early necessity to limit it in the liability reverted. Therefore, this study aims to suggest reasonable standard to determine liability reverted in marine accidents.

A Study on the Product Liability Case of a Cold Medicine CONTAC 600 in Terms of Civil Law (감기약 콘택600 제조물책임사건에 관한 민사법적 고찰 - 대법원 2008.2.28. 선고 2007다52287 판결 -)

  • Jeon, Byong-Nam
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.213-260
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    • 2009
  • While the medical supplies have positive functions such as extending lifespan, recovering health, and preventing diseases, they also cause unexpected tragic consequences due to their side effects, and the magnitude of such damage inevitably increases due to the mechanism of mass production, mass distribution, and mass consumption of those medical supplies. Therefore, needless to say, the optimal way to prevent or reduce such damage is rather through medical supply manufacturers' producing non-defective products, or through the government's controlling production and sales of medical supplies with more aggressive exercise of regulatory authority on medical supply manufacturers, than through a remedy by a legal relief after using medical supplies. In this case, although the victim died due to the defect of the cold medicine, 'CONTAC 600', the drug company's responsibility to cover damages was not recognized because a defect could not be found in the then-manufacturing process. Thus, while pharmaceutical companies are gaining economic profits by producing and selling a medical supplies, if they do not take any remedy measures for the victims of their products' side effects, the victims have to use medical supplies under their own responsibility of taking a risk, and they have to accept the full damage of the potential consequence. Therefore, to remove such absurdity and contradiction, and to practically remedy the victim of medical supplies' side effects, the pharmaceutical side effects remedy project pending in the the Drugs, Cosmetics and Medical Instruments Lawneeds to be actively implemented.

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