• Journal of Navigation and Port Research
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• v.39 no.1
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• pp.37-43
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• 2015

At marine construction sites, there are problems with regard to dispute on the responsibility of safety management of chartered barge and its legal issues. In general, demise charter with crew is used for barge charterparty which is committed to the marine construction. Although Chapter 5 of the Korean Commercial Act enact provisions regulating a Time Chargerparty and a Bareboat Charterparty, it is difficult to clarify where the responsibility lies with regard to the safety control of the chartered barge. For this reason, disputes on accountability arise when accident occurs in effect. As a result, parties of the charterparty shift the responsibility on each other and there is increased risk for occurrence of similar accidents. There is no legally required qualification for a head of barge workers who is in charge of barge management. It is not possible to demand the head of barge workers to take charge of tasks which requires professional judgment as a marine technician considering his daily work scope. Furthermore, the barge committed to the marine construction as a form of bareboat charter or equipment charterage is an object which should be managed by safety supervisor of the charterer's marine construction. The charterer bears a duty to manage the safety of the barge. Therefore, the charterer is generally liable for the damage incurred in the course of using the chartered barge.

• Korean Journal of Construction Engineering and Management
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• v.11 no.3
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• pp.55-63
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• 2010

Although the environmental conflicts regarding noise and vibration are continually increasing during construction, noise and vibration occurring in construction are only managed in construction phase. Noise and Vibration occurring in construction are considered to be insufficient, so we find that noise and vibration management in design phase has to be operated for reducing. The objective of this paper is to present noise and vibration management lists to consider in design phase for enhancing efficiency in noise and vibration management and to develop the appraisal sheets for designers to evaluate and the manuals to easily use management lists. To achieve this, we identify the noise and vibration management lists to consider in design phase through analyzing the previous literatures and confirm the 9 lists through conducting a research with experts in environmental area for verifying the propriety of lists. Also, this study applies to AHP technique to identify the priority and the weight evaluation among the lists. Through this study, we identify the most efficient lists, including from the low noise and low vibration methods, the noise and vibration reduction by blasting works, the installment and the arrangement of noise and vibration control equipments, for noise and vibration management in design phase. The achievement of this study will help to prevent the environmental disputes and conflicts in advance and will consider utilizing for the successful construction project.

• Journal of Korean Society for Geospatial Information Science
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• v.23 no.4
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• pp.35-41
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• 2015

Real estate appraisal methods include profit-based, cost-based and comparison-based measures. The purpose of this study is to scientifically quantify the comparison-based method mostly utilized in valuating real estate property among the appraisal methods. The comparison method is to estimate the value of target property from other previously-traded property cases by comparing and adjusting their temporal gap, spatial gap and space-time gap. In appraisal practices, this comparison method is used generally for land property. If based on previous transactions; prices, time point of transaction, region and individual factors were analyzed to valuate. If based on official land values; official value, time point, region and individual factors are analyzed. Of these, the individual factors are an important process of comparing individual characteristics where real estate appraisers' subjective assessment could intervene. Though appraisers, as experts make generally precise assessment, still, it is a subjective judgment open to difference between appraisers themselves, causing disputes from time to time. In this recognition, the study seeks to quantify such a subjective assessment of appraisers by running GIS analysis on individual factor components including street condition, access condition;and plotting condition.

• Journal of the Korean association of regional geographers
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• v.13 no.3
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• pp.301-320
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• 2007

In Korean academic societies, old maps has not yet been properly investigated in terms of their genealogy, classification, detailed place names, historical backgrounds and the other aspects. With publication of the bibliographies and papers on old maps reserved in museum and library, the scope of research enlarged gradually its scope from 1970s. In 1980s, with the development of theoretical geography, scientific analysis were applied to investigate the projection method of Daedongyeo-jido. The 1990s proved a prominent decade for researches. The photo-copies of old maps enabled researchers to investigate the in-depth comparative study. The more important thing is that old maps became to be powerful instrument in the research of historical geography, such as territorial disputes and marine name(東海). And county old maps compiled by region became to be regional-cultural contents of local areas. Important issues in old map research in Korean academic societies are about Cheonha-do which is unique old world map in Korea, grid-system projection in old county maps and the genealogy of Daedongyeo-jido(manuscript and block print edition). This study shows that bibliography of all old maps preserved in each library and museum should be standardized. This could enable the exchange of information of old maps between institutes. The more important thing is that conciliation of human, social and natural sciences should be applied in the research of old maps.

• Journal of the Korean Association of Geographic Information Studies
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• v.11 no.4
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• pp.41-50
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• 2008

Intense competition for resources has forced many countries pay attention to their eyes to the ocean. Therefore, the disputes and the conflict over the delimitation of the EEZ and continental shelf will be sharpened. Since 1982 Law of the Sea Convention, Korea has opened the talks with Japan and China to discuss the boundary issues as the adjacent water zone is less than 400 miles between Korea and Japan and Korea and China. This study is to review the important rules and techniques for the delimitation of the maritime boundary which have defined in the Law of the Sea Convention and IHO-51 technical guide and to figure out how to build the maritime delimitation GIS DB to negotiate effectively with the neighboring countries. Definition of the base point and baseline will be the utmost important concept to delimit the ocean boundary. The policy makers and the specialists who prepare for the international negotiation meeting between the countries have to be ready to draw the maritime boundary for our best interest under the Law of the Sea Convention. The negotiation strategies and the principles can be made with the concrete and reliable database relevant to maritime boundary issues. So effective and fast strategic decision for negotiation can only be made based on maritime boundary delimitation GIS DB.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• Journal of Korea Technology Innovation Society
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• v.20 no.2
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• pp.313-333
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• 2017

As science and technology advanced, specialized and massive, development through mutual cooperation or research based on patent licensing such as material transfer contract, technology transfer contract etc are actively taking place to minimize or separate the cost and risk of R&D. In R&D, such mutual work can enjoy the merit of division of labor by effectively allocating resources and manpower to accomplish its goal. Inevitably, however, there are also many possibilities of disputes regarding the ownership and use of intellectual property rights resulting from such mutual/post-studies, or inventions upgraded by using prior patents. The case reviewed by this paper is noticeable regarding the recent trend of upgraded inventions. In the case, a pharmaceutical company conducted tests/assessments on the complete technology of patent owned by a university on the premise of transferring the technology, and then terminated the technology transfer contract due to reasons of toxicity. The university then filed a damage claim suit against the company for infringing the contract. This is a dispute case betw een a university which developed a potential ingredient for new medicine and a pharmaceutical company which agreed to transfer and receive the technological later on. Regarding the upgraded inventions of source patents, this case has many implications on the protection of prior patents, research contract, and research security to protect the accomplishment of research. This paper reviews the subject ruling and the protection of upgraded patents and source technologies. As critical notes, the paper also summarizes the major issues of case ruling to observe the standard of ruling patent infringement related to the extortion of upgraded patents. Then, through the ruling of the case above, the paper suggests implications and future strategies.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.61-105
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• 2007

The Hospitalized Acquired Infection is defined as the case where the hidden infection or not found at the time of hospitalization occurs during the hospitalized period or, within 30 days to those who performed the surgery operation and then left the hospital. About 2/3 of the Hospitalized Acquired Infection are found as having the internal infection cases that are occurred by the patients' own virus due to the lowered immune system, while about 1/3 are found as having the external infection. The latter 1/3 of the external infection cases can be prevented through the infection management. And in case the new Hospitalized Acquired Infection case occur to the patient who was treated in the hospital, its responsibility issue will matter. As well in the disputes over the Hospitalized Acquired Infection cases, the cause-result relation between the damages and the medical staff's fault and as to whether there is failure of the medical staff or not. personnel should be proved in the medical-malpractice cases. In addition, the difficulties in proving such as expertise, secrecy propensity, discrete propensity and incompleteness will be considered to ease the burden of patient side's proving. Probability theory, Fact based assumption theory, Most adequate plaintiff preassumption or Expressed evidence theories are being discussed as the theories of eased burden of proof. In the result of gathering and reviewing Korea's precedent cases concerning the Hospitalized Acquired Infection, there are only a few accumulated prece dent cases and the attitude of the court also are also not consistent. Therefore, there are the precedents where the cause-result relation and the failure are immediately assumed when (1) timely proximity between the medical behavior and malpractice results, (2) proximity between the medical behavior-applied parts and the malpractice results-found parts, and (3) lack of other causes are separately evidenced; while the are the precedents only when 'the existence of the medical faults based on the common sense' is separately evidenced. It was found that the former and latter cases coexisted. The former is considered as based on the theory that separates the fault and cause-result relation not to consider them together, or regarded as based on the doubts that assumes the medical staff's neglect even though the Hospitalized Acquired Infection might be completely prevented by their efforts. However, the modern medical technology has the limitation as far as the prevention of the Hospitalized Acquired Infection. In conclusion, the assumption of the cause-result relation and that of the fault should be separately reviewed. Therefore, the latter precedents are considered as more reasonable, in the point the faulty behavior may be proved based on the common sense.

• Horticultural Science & Technology
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• v.32 no.6
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• pp.853-863
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• 2014

This study was carried out to construct a DNA profile database of 100 strawberry cultivars using microsatellite markers. Two hundred seventy four microsatellite primer pairs were screened with a set of 21 strawberry cultivars with different morphological traits. Twenty five primer pairs were selected because they produced reliable and reproducible fingerprints. These primer pairs were used to develop DNA profiles of 100 strawberry cultivars. Three to thirteen alleles were detected by each marker with an average of 7.50. The average polymorphism information content varied from 0.331 to 841 (average 0.706). Cluster analysis showed that the 100 cultivars were divided into 7 major groups reflecting geographic origin and pedigree information. Moreover, most of the cultivars could be discriminated by marker genotypes. These markers will be useful as a tool for the protection of plant breeders' intellectual property rights in addition to providing the means to intervene seed disputes relating to variety authentication.

• Journal of Korean Society of Transportation
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• v.21 no.1
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• pp.7-19
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• 2003

The airspace has to be designed considering the flight safety and economic efficiency of aircraft operators. The International Civil Aviation Organization(ICAO) published standards and recommended practices for safe design of the airspace. Each contracting country must follow the ICAO standards in designing the airspace for the utilization of civil aviation. Normally each member establishes its own standards and national aviation law for the safe and efficient design of the airspace, regarding the ICAO standards. However, our government has not developed yet clear and detailed standards and regulation system for airspace design. This might lead to aviation accidents and disputes between operators of aviation system This study is to review the characteristics of ICAO standards and a legal problem related to application of international standards for airspace design. Specifically this research analyzed the case of airspace design and operation of a domestic airport. The results of analysis are as follow: (1) per the safety of civil aviation, it is very required to establish national regulation system to follow ICAO standards in designing airspace, (2) It is also necessary to establish separate procedure for civil aircraft in military air base, when the aerodrome is co-used by military and civil aircraft. If the same procedure for military aircraft is applied to civil aircraft, it is necessary to make clear what the design concept is, (3) and the differences from ICAO standards have to be publicly known.