• Title/Summary/Keyword: Clause

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Coverage Method in German Workers' Compensation Insurance and Policy Implications: Focusing on Volunteers and Persons in Special Types of Employment (독일 산재보험제도의 적용방식과 시사점: 자원봉사자와 특수형태근로종사자 중심으로)

  • Kim, Sang Ho
    • 한국사회정책
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    • v.20 no.3
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    • pp.171-195
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    • 2013
  • One of the current issues in Workers' Compensation Insurance is about the coverage range. Korea uses the definition of worker under the Labor Standards Act in Workers' Compensation Act and solved the problems associated with the coverage range of insurance group by the exceptional clause only for the groups which was raised about the need for the social protection. The purpose of this paper is to draw implications for solving problems which are associated with the coverage range of insurance group by reviewing the German literature. We focus on volunteers and persons in special types of employment. German government supports the activity of volunteers by providing with the protection service against the accidents. This paper shows how the coverage range is extended from the dependent employees in the introduction of the Workers' Compensation Insurance to the people who need social protection focusing on the volunteers. The implications of this research are following. First, German system shows that Workers' Compensation Insurance can be extended to the groups which do not belong to the dependent employee but are worthy of protection. Second, it is necessary to provide volunteers in the social welfare system with the protection service against the accidents and the statutory accident scheme is recommendable to use. Third, volunteers in the social welfare system need to be compulsory insured. Fourth, Korea should find their own way in solving problems associated with persons in special types of employment.

The Short-Hours Part-Time Jobs in Korea (한국의 초단시간 노동시장 분석)

  • Moon, Ji-Sun;Kim, Young-Mi
    • Korean Journal of Labor Studies
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    • v.23 no.1
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    • pp.129-164
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    • 2017
  • This article is an exploratory study on the recent growth of short-hours part-time work in Korea. The short-hours part-time work has been rapidly growing among low-educated women over sixty, particularly among bereaved or divorced women, contrary to the expectation of the government that encouraged the part-time work by means of work-family balance for working mothers or middle-aged women who experienced career interruption. The short-hours part-time jobs are concentrated in social service industry, mostly elderly care service jobs, and their working conditions are extremely poor, mostly low-wage jobs with no social insurances except for health insurance. In this study, we discuss why the short-hours part-time work has grown so fast in Korea since the mid 2000s. Using various governmental statistics, we examine the effects of the labor demand and supply situations during the time period, the legal context that is related with the exempt clause of the labor law, and the institutional context related with the government's public job creation projects for the elderly. We suggest some public policies needed to slow down the growth of the short-hours part-time jobs and to elevate their working conditions.

A Study on the Relationship Methods of Oksuki (『옥수기』의 남녀결연담 연구)

  • Kwon, KyongSoon
    • (The)Study of the Eastern Classic
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    • no.67
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    • pp.69-104
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    • 2017
  • This paper examines the aspect of the novel which appeared in the union of the male and female relationship of "OkSuki", one of the novels of the 19th century. "Oksuki" is a work focusing on the relationship between men and women. It takes a narrative structure based on the relationship. It shows various aspects of the relationship through the structure in which the pluralities of plural persons are repeated. Other events and illustrations, except for the talk, are both an occasion of the alliance and an auxiliary role. At the beginning of the work, the main character's parents are described in detail.By arranging the prophecies related to the relationship between the protagonist and the brothers, it suggests that subsequent narratives will flow into the center of the relationship. The male characters that make up the alliance are characteristically trained and have a good taste, and the Caines are colorfully colored. It is believed that the marriage pattern faithfully follows the medieval status order. The reason why the figure of the person who becomes his wife and the person of the concubine are set differently is because the image of the wife and the concubine are different from each other ideally. The characters who are going to be hungry are emphasized on the clause, efficacy, knowledge, and inner peace, and are actively involved in. On the other hand, conciliatory characters emphasize talent and craftsmanship, and their role is reduced after marriage. The wife is a person who has both Confucian culture and knowledge and is able to care for her husband and family well. Concultation is shaped as a person who can enjoy joyful life and emphasize more affection in relation with his wife.

A Study on the Legal Liabilities of Contractor as a Delay in the Product Delivery on the Offshore Plant Construction Contract (해양플랜트공사계약상 제조물인도지연에 따른 당사자의 법적 책임에 관한 고찰)

  • Jin, Ho-Hyun
    • MARITIME LAW REVIEW
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    • v.29 no.2
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    • pp.115-144
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    • 2017
  • The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

Analysis on the Responsibility and Exemption Clause of COLREG Rule 2 (국제해상충돌예방규칙 제2조에 따른 책임과 면책에 관한 분석)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.54-63
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    • 2022
  • The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

Medical Law Reformation on Korean Medicine Hospitals in the Case of the Jaehan Oriental Medicine Hospital (한방병원에 관한 의료법 개정 : 제한한방병원의 설립과 운영)

  • KEUM, Yujeong;EOM, Dongmyung;SONG, Jichung
    • Journal of Korean Medical classics
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    • v.35 no.1
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    • pp.103-116
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    • 2022
  • Objectives : To look at the medical law reformation of Korean Medicine hospitals through the establishment and management of the Jaehan Oriental Medicine Hospital, which was the first Korean Medicine Hospital in South Korea. Methods : Revisions of the medical law since the establishment of the National Medical Act in 1951 up until 1973 when the 'Korean Medicine hospital' first entered the medical institution category were examined. Based on the revised contents, the establishment and management of the Jaehan hospital were examined. Results & Conclusions : The first mentioning of 'Korean Medicine hospital' in the medical law took place on Feb 16, 1973 when the medical law was completely revised. After law regulations on Korean Medicine hospitals were established, the fist Korean Medicine hospital was founded on Nov. 24th, 1973 according to act 2533 of the medical law. This is the Jaehan Oriental Medicine Hospital, which is the predecessor of what we now know as the Daegu Korean Medicine University Hospital. Although the Jaehan hospital was registered as a legitimate Korean Medicine hospital in November of 1973, it had already started medical practice in December of 1970. While it was established according to the standards of medical law, it changed its institution category from 'Korean Medicine hospital' to 'affiliated Korean Medicine clinic' based on another clause within the same law. The decade from 1960 to 1970 was a time when national economy was developing, and the field of medicine and medical institutions were also booming. As such, revisions in the medical law seems to not have been able to keep up with what was happening in reality. To meet the patients' right to move or to manage diseases which Korean Medicine was taking responsibility for, a medical institution with inpatient capacity was required. Therefore it is possible that the Jaehan hospital which had already been providing such a role could have been a sample case for reference in the medical law revision process.

Legal Transformation of Advisory Procedure of the ITLOS into an Alternative Dispute Settlement Mechanism - From the Evaluation of Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (Case No. 21), ITLOS (분쟁해결을 위한 대체적 수단으로서 ITLOS 권고적 의견 절차 활용 - SRFC 권고적 의견 사건(사건번호 21)을 중심으로 -)

  • Choi, Jee-hyun
    • Ocean and Polar Research
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    • v.44 no.2
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    • pp.147-160
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    • 2022
  • SRFC (Sub-Regional Fisheries Commission) requested to the ITLOS (International Tribunal for the Law of the Sea) an advisory opinion relating to the IUU (Illegl, Unreported, and Unregulated) fishing (Case No-21 of the ITLOS). Since, in the UNCLOS, there is no article authorizing the jurisdiction of the ITLOS full court's Advisory opinion, so various scholarly opinion wad divided. But ITLOS delivered its Advisory opinion confirming its jurisdictional competence over the Advisory proceedings with its legal opinion about the IUU issues. It opens new possibility of the alternative dispute settlement mechanism of the ITLOS through the advisory procedures. In reality, there has been a view that ICJ (International Court of Justice) could take the part of a kind of dispute settlement through its Advisory procedures. But the advisory procedures of the ITLOS, with no definite clause in UNCLOS about the advisory procedures, which provides more allowances for the function of advisory opinion as the alternative dispute settlement mechanism. ITLOS accepted the requests of the advisory opinion by the State parties through international organization or themselves directly. And the advisory opinion of the ITLOS aims the interpretation and application into the special issues-specially IUU fishing in Case No. 21 of the ITLOS-. Those factors could enable more enhanced role of the ITLOS as an alternative dispute settlement mechanism. But those possibility has contain risk of excessive and unlimited advisory role of the ITLOS. So it is important to focus on the restriction on the role of the State parties in the request of the advisory opinion to the ITLOS. In this regard it is meaningful that the ITLOS has suggested a kind of legal standing in the advisory procedures in that only coastal States could request the Advisory opinion about the IUU in their EEZ. Furthermore the discretionary power of the ITLOS in the Article 138 of the Rules of the Tribunal could curtail the abuse of the Advisory opinion initiated by the States parties of the UNCLOS. Under this framework, Advisory opinion could broaden more alternative option to the disputes between State parties of the UNCLOS in that after being delivered detailed interpretation of the UNCLOS about the specific issues, States parties could devote themselves to searching for flexible solution for the disputes between State parties. It could obtain legal explanation about the dispute under the Article 297 and Article 298 by detouring the jurisdiction limits through advisory procedures.

Metamodeling Construction for Generating Test Case via Decision Table Based on Korean Requirement Specifications (한글 요구사항 기반 결정 테이블로부터 테스트 케이스 생성을 위한 메타모델링 구축화)

  • Woo Sung Jang;So Young Moon;R. Young Chul Kim
    • KIPS Transactions on Software and Data Engineering
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    • v.12 no.9
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    • pp.381-386
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    • 2023
  • Many existing test case generation researchers extract test cases from models. However, research on generating test cases from natural language requirements is required in practice. For this purpose, the combination of natural language analysis and requirements engineering is very necessary. However, Requirements analysis written in Korean is difficult due to the diverse meaning of sentence expressions. We research test case generation through natural language requirement definition analysis, C3Tree model, cause-effect graph, and decision table steps as one of the test case generation methods from Korean natural requirements. As an intermediate step, this paper generates test cases from C3Tree model-based decision tables using meta-modeling. This method has the advantage of being able to easily maintain the model-to-model and model-to-text transformation processes by modifying only the transformation rules. If an existing model is modified or a new model is added, only the model transformation rules can be maintained without changing the program algorithm. As a result of the evaluation, all combinations for the decision table were automatically generated as test cases.

Patterns of categorical perception and response times in the matrix scope interpretation of embedded wh-phrases in Gyeongsang Korean (경상 방언 내포문 의문사의 작용역 범주 지각 양상과 반응 속도 연구)

  • Weonhee Yun
    • Phonetics and Speech Sciences
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    • v.15 no.2
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    • pp.1-11
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    • 2023
  • This study investigated the response time and patterns of categorical perception of the wh-scope of an embedded clause with the non-bridge verb, "gung-geum hada 'wonder'," in the matrix verb phrase in Gyeongsang Korean. Using the same procedure as Yun (2022), 72 responses and response times for each stimulus were collected from 24 participants over the course of three trials. The stimuli were recorded readings of 40 speakers (20 male, 20 female). Context was provided to induce a matrix scope interpretation of the embedded wh-phrase in the target sentence. We sorted the 40 stimuli according to the number of matrix scope responses each received, and charted the response times for each stimulus. Although there was considerable overlap for the different types of wh-scope interpretations, there was a clear difference in categorical perception between the matrix and embedded scopes. The 24 participants also differed in their categorical perceptions. The results suggested that response time and wh-scope interpretation were not directly related and that two main weighted factors affected wh-scope interpretation: morpho-syntactic constraints and prosodic structural integrity. The weighting of each of these factors was inversely correlated and varied among subjects.

Indonesia, Malaysia Airline's aircraft accidents and the Indonesian, Korean, Chinese Aviation Law and the 1999 Montreal Convention

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.37-81
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    • 2015
  • AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.