• Asian Pacific Journal of Cancer Prevention
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• v.17 no.12
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• pp.5237-5242
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• 2016

Background: Cancer screening rates are lower in Japan than those in western countries. Health professionals publish procancer screening messages on the internet to encourage audiences to undergo cancer screening. However, the information provided is often difficult to read for lay persons. Further, anti-cancer screening activists warn against cancer screening with messages on the Internet. We aimed to assess and compare the readability of pro- and anti-cancer screening online messages in Japan using a measure of readability. Methods: We conducted web searches at the beginning of September 2016 using two major Japanese search engines (Google.jp and Yahoo!.jp). The included websites were classified as "anti", "pro", or "neutral" depending on the claims, and "health professional" or "non-health professional" depending on the writers. Readability was determined using a validated measure of Japanese readability. Statistical analysis was conducted using two-way ANOVA. Results: In the total 159 websites analyzed, anti-cancer screening online messages were generally easier to read than pro-cancer screening online messages, Messages written by health professionals were more difficult to read than those written by non-health professionals. Claim ${\times}$ writer interaction was not significant. Conclusion: When health professionals prepare pro-cancer screening materials for publication online, we recommend they check for readability using readability assessment tools and improve text for easy comprehension when necessary.

• Safety and Health at Work
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• v.2 no.4
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• pp.336-347
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• 2011

Objectives: In Korea, an average of 258 workers claim compensation for their noise-induced hearing loss (NIHL) on an annual basis. Indeed, hearing disorder ranks first in the number of diagnoses made by occupational medical check-ups. Against this backdrop, this study analyzed the impact of 19 types of noise-generating machines and equipment on the sound pressure levels in workplaces and NIHL occurrence based on a 2009 national survey on work environments. Methods: Through this analysis, a series of statistical models were built to determine posterior probabilities for each worksite with an aim to present risk ratings for noise levels at work. Results: It was found that air compressors and grinding machines came in first and second, respectively in the number of installed noise-generating machines and equipment. However, there was no direct relationship between workplace noise and NIHL among workers since noise-control equipment and protective gear had been in place. By building a logistic regression model and neural network, statistical models were set to identify the influence of the noise-generating machines and equipment on workplace noise levels and NIHL occurrence. Conclusion: This study offered NIHL prevention measures which are fit for the worksites in each risk grade.

• Journal of Distribution Science
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• v.9 no.2
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• pp.97-109
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• 2011

As a marketing vehicle to survive in intensified retailing competition, retailer brand development has been adopted by retailers in Korea. As evidence, the retailer brand share of a major retailer, Tesco Korea, has grown from 20% in 2007 to 22.8% in the first half of 2008. It means that retailers have provided more and more retailer brand foods for customers. With the growing accessibility to retailer brand foods, it would be expected that the number of retailer brand food claims will increase. Customers have increasingly exposed to a variety of marketing activities conducted by retailers. When buying the retailer brand foods, customers tend to be affected by marketing activities of retailers. Despite the fact that customers trust retailers and then, buy their brand foods, in case of food accidents caused by production process, customers have to seek compensation from a retailer brand supplier. Of course, a retailer tends to shift its responsibility to its suppliers. Accordingly, it is not easy for customers to solve food claims. The research, therefore, aims at exploring the relationship between the buying-decision processes of retailer brand customers and which side takes legal responsibility for food claims. To effectively achieve the research aim, the author adopted a quantitative and a qualitative research technique, in order to supplement the disadvantages of each method. Before field research, based on the developed research model, the author pre-tested questionnaire with 10 samples, amended, and handed out to 400 samples. Amongst them, 316 questionnaires are available. For a focus group interview, 9 participants were recruited, who are students, housewives, and full-time workers, aged from 20s to 40s. Through the focus group interview as well as the questionnaire results, it was found that most customers were influenced by a retailer or store image in a customer's mind, retailer reputation and promotional activities. Surprisingly, customers think that the name of a retailer is a more important factor than who produces retailer brand foods, even though many customers check a retailer brand supplier, when making a buying-decision. Rather than retailer brand suppliers, customers trust retailers. That is why they purchase retailer brands. Nevertheless, production-related food claims is not involved with retailers. In fact, it would be difficult for customers to distinguish whether a food claim is related to selling or manufacturing processes. Based on research results, from a customer perspective, the research suggests that the government should require retailers to take the whole responsibility for retailer brand food claims, preventing retailers from passing the buck to retailer brand suppliers. In case of food claims, in order for customers to easily get the compensation, it is necessary to reconsider the current system. If so, retailers have to fully get involved in retailer brand production stage, and further, the customer awareness of retailer brands will be improved than ever before. Retailers cannot help taking care of the whole processes of retailer brand development, because of responsibility. As a result, the process to seek compensation for food claims might become easier, and further, the protection of customer right might be improved.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.43-67
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• 2011

Humankind history is faced with one gigantic turning point due to development of Living genetically Modified Organisms. Food production by means of LMO is on the acceleration in an effort to solve the shortage of food problems. Food is also used as alternative energy source. Use of LMO product is not only limited to food and energy, but is actively utilized in various fields of medicines. This paper is first to check out the state of biomedicine developed and associated problems from industries that use LMO, after which we made an attempt on legislative approach to find out means of relief, through examples of such laws legislated for the sufferer from the adverse effect of the biomedicine. As for the liable subject to bear the responsibility for compensatory damage in a way of relieving the victim owing to adverse effect of biomedicine, those who manufactured and sold biomedicine and who are related to the damage to the victim due to the accident and medical doctors and pharmacists who prescribe and administer the medicine in question have been looked into. Accidents involving medicines and medical supplies could take place without reason for imputation on part of the liable subjects or fault of the victim, in which case the victim can't receive damage compensation from any of both parties. When such accidents happened turn out to be no fault accidents, introduction of damage relief measures might have to be reviewed against side effects of medicine and medical supplies as no fault compensation in order for actual relief to be possible. Talking about technicality of legislation, we can suggest a method of strengthening the accountability of manufacturer for stereotypical agenda on biomedicines by newly legislating special regulation with an issue that resists claim on risks associated with the development of medicine and incorporating the same into Manufactured Product Liability Law. After all, when an accident happens associated with biomedicine, the damage will be done to the consumer. And the consumer will be exposed to fatal danger even without the time to cope with potential risks associated with medicine and medical supplies they take. Therefore, it is necessary to protect the potential victim by having the manufacturer of biomedicines bear the liability of medical risks.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.99-144
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• 2016

The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.109-133
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• 2007

The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.