• Title/Summary/Keyword: High court

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A Study on Evaluation of the Priority Orders for the Establishment of Maritime Courts Using Maritime Casualties Counts Based on Integrated ELECTRE-CRITIC-ISM (통합 ELECTRE-CRITIC-ISM법 기반 해양사고 발생건수를 이용한 해사법원 설치 우선순위 평가에 관한 연구)

  • Jang, Woon-Jae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.6
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    • pp.624-633
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    • 2020
  • In those day, Incheon and Busan local government are arguing about establishment of a maritime court. This study aims to develop a model that evaluates the priority orders for the establishment of maritime courts using maritime casualties counts based on the integrated ELECTRE-CRITIC-ISM technique, as well as to verify its usefulness in the establishment of maritime courts in Korea. For this purpose, a total of 22 ports, excluding nine ports where maritime accident data were integrated and managed among the 31 international trade ports, were matched with the jurisdiction of six alternative high courts. Second, the CRITIC method was used to calculate the weights of the number of maritime casualties during a 5-year period that were evaluation factors and combine with the ELECTRE method. Finally, the ELECTRE&ISM method was used to analyze the concordance and discordance between high courts and evaluate the priority orders considering the fluctuations of maritime casualties counts. As the final evaluation result considering the mean values in fluctuations of maritime casualties counts, the Busan High Court ranked first, the Gwangju high court second, the Seoul high court third, the Daejeon and the Daegu high court forth (equal), and the Suwon high court sith. Therefore, it is necessary to preferentially establish a maritime court in the jurisdiction of the Busan High Court.

A Study on Grafted IT Convergence Technology of Food Court Meal System (IT융합기술이 접목된 Smart Food Court 급식 시스템 연구)

  • Lim, Sang-Seon;Park, Dea-Woo
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.5
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    • pp.689-696
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    • 2011
  • Feed industry began to demand that beyond simple feeds to meet the needs of customers with a premium catering by economic development situation and, depending on the user's convenience and customer needs. But tableware introduced in the feed system, the introduction of RFID. High and low temperatures and salinity problems that RFID chips, the feed system malfunction. In this paper, infused with IT Convergence Technology was carried out for a smart lunch by putting RFID chips in the Food Court distribute food. Food court meal to ensure stability of the system was a smart lunch that Hot food ($125^{\circ}C$) and cold ($-40^{\circ}C$) and salinity reflecting foods in High temperature, low temperature experiments, through salt spray test. In addition, the existing straight distribute food, scramble distribute food, Marketplace distribute food, Food Court and the advantages of a comparative analysis of distribute food investigated. Through this paper distribute food will contribute to the Food Court. IT convergence technology (RFID, LCD, S/W, H/W) to apply the feed industry in the development of Smart Food Court.

Cerebral Aneurysms in Judicial Precedents

  • Lee, Kyeong-Seok;Shim, Jae-Jun;Shim, Jae-Hyun;Oh, Jae-Sang;Yoon, Seok-Mann
    • Journal of Korean Neurosurgical Society
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    • v.61 no.4
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    • pp.474-477
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    • 2018
  • Objective : From November 30, 2016, the Korean Government carried the revised Medical Dispute Mediation and Arbitration Act into effect. Mediation will start automatically without agreements of the defendant, when the outcome of the patient was death, coma more than a month or severe disability. Cerebral aneurysm has a definite risk of bad outcome, especially in the worst condition. Any surgical intervention to this lesion has its own high risk of complications. Recently, Seoul central district court decided 50% responsibility of the doctors who made a rupture of the aneurysm during coiling (2015Ga-Dan5243104). We reviewed judicial precedents related to cerebral aneurysms in lawsuit using a web search. Methods : We searched judicial precedents at a web search of the Supreme Court, using the key words, "cerebral aneurysm". Results : There were 15 precedents, six from the Supreme Court, seven from the High Court, and two from district courts. Seven precedents were related to the causation analysis, such as work-relationship. Five precedents were malpractice suits related bad results or complications. Remaining three precedents were related to the insurance payment. In five malpractice precedents, two precedents of the Supreme Court reversed former two precedents of the High Court. Conclusion : Judicial precedents on the cerebral aneurysm included not only malpractice suits, but also causation analysis or insurance payment. Attention to these subjects is needed. We also need education of the independent medical examination. To avoid medical disputes, shared decision making seems to be useful, especially in cases of high risk condition or procedures.

A Study on Main Issue and Supreme Court Decisions regarding the Duty of Interhospital Transfer of Patients - Focusing on the Supreme Court Decision 2010DO7070 Delivered on April 29, 2010 - (전원의무 관련 쟁점 및 대법원판례 고찰 - 대법원 2010. 4. 29. 선고 2009도7070 판결을 중심으로 -)

  • Kim, Young Tae
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.281-313
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    • 2013
  • A physician has to do his best for the better treatment of his patiensts. But, if a physician cannot remedy his patients because of the lack of hospital facilities, the lack of medical knowledge and etc., the physician must transfer his patients to another suitable hospital immediately. This is called the duty of interhospital transfer of patients. The necessity of interhospital transfer of patients is primarily ocurred in emergency medical care situations. The Supreme Court Decision 2010DO7070 delivered on April 29, 2010 is one of the important decisions related to the duty of interhospital transfer of patients. The Supreme Court ruled that there were the physician's medical malpractice and the causation between the physician's medical malpractice and the death of patient, as the physician has left the patient without due observations for 1 hour and 30 minutes after the caesarean operation inspite of mass bleeding during the operation, and has transferred the patient to another suitable hospital later. And the Supreme Court ruled that the transferring physician has to explain the situation of the patient in detail to the physician being transferred. I agree with the Supreme Court Decision. As decided by the Supreme Court, physicians will treat their patients more carefully and in case of necessity for transfer, physicians will transfer their patients with more caustion. However, the study for this issue should be continued hereafter because concrete standards are not given to lawers and physicians just by the Supreme Court Decisions itself.

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The Challenge of Arbitral Awards in Pakistan

  • Mukhtar, Sohaib;Mastoi, Shafqat Mahmood Khan
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.37-57
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    • 2017
  • An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

Principle of Proportionality of Contractual Penalty in Arbitral Awards in Russia

  • Eunok Park;Liliia Andreevskikh
    • Journal of Korea Trade
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    • v.27 no.1
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    • pp.176-191
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    • 2023
  • Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

A Study on the Influences of Central corridor type Japanese dwellings on the Korean modern dwellings and Korean architects' proposals for modern dwellings in the time of 1930's (1930년대(年代) 한국근대주택(韓國近代住宅)에 나타난 속복도형(複道型) 일식주택(日式住宅)의 영향(影響) -한국인 건축가의 주택개량안과 "조선과 건축(朝鮮建築)"에 수록된 주택평면을 중심으로-)

  • Ahn, Sung-Ho;Kim, Soon-Il
    • Journal of architectural history
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    • v.6 no.2 s.12
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    • pp.23-40
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    • 1997
  • The purpose of this thesis is a searching out the characteristics of Japanese dwellings implanted into Korea in the time of the rule of Japanese imperialism and its influences on Korean modern dwellings especially in the time of 1930's. At the early stage of the colonial time($1905{\sim}1919$), the central corridor type Japanese dwellings were implanted into Korea for the Japanese official residences. The central corridor type Japanese dwelling was an urban modern dwelling compromised between Japanese style and western style and distinguished by an outer-court type plan, Japanese entrance hall, central corridor and western style reception room. After the 1920's the central corridor type Japanese dwellings have spreaded itself and became a prototype of a modern dwelling in Korea. The characteristics of the central corridor type Japanese dwellings have influenced on the Korean high class dwellings and Korean architects' proposals for modern dwelling in the time of 1930's. By the implantation and spread of the central corridor type Japanese dwellings, Korean modern dwellings at the same time have affected and undergone transformation. The aspects of transformation were ; The outbreaking of the Japanese style entrance and central corridor, the transformation of MaDang from the inner court with a function of circulation into the outer court garden with plants and the transformation of Korean dwellings from the rural inner court type into the urban outer court type. The central corridor type Japanese dwellings implanted into Korea in the time of the rule of Japanese imperialism makes function as a precedent of a modern urban dwelling to Korean and makes Korean dwellings transform from the rural inner court type into the urban outer court type.

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Measures to Improve Culinary Trends in Korean Court Food Based on the Perception of Korean Royal Court Cuisine (궁중음식 인식성향에 따른 궁중음식 메뉴개발 방향성에 대한 조사)

  • Koo, Ha Yeon;Choung, Seo Yeong;Jeong, Hee Sun
    • Korean journal of food and cookery science
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    • v.32 no.3
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    • pp.370-381
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    • 2016
  • Purpose: This study assesses Korean royal court cuisine as perceived by culinary professionals and students for the development of Korean dining. Methods: It was observed in a survey that Korean royal cuisine could be grouped into four classes represented by the following factors: popularity, standardization, tradition, and haute-cuisine. Results: From the analysis of the survey results, it was determined that the people surveyed could be grouped into the following three categories: those who prefer standardization/pursuit of haute-cuisine, traditionalists/popularizers, and those who are indifferent. The survey also assessed whether the ten most popular Korean dishes served to foreigners had variations in royal court cuisine and which food ingredients and combinations of dishes would be the most appropriate. It was determined that control over the sweetness when cooking Bulgogi was needed. For food usually consumed for invigoration, especially for the broth of soup dishes in summer, women preferred clear meat broth with soup than men. When preparing Japchae, it was found that control over the ratio between glass noodles and vegetables and control over the sweetness were needed with respect to the main dishes. Conclusion: The indicator 'education on Korean royal court cuisine culture' showed relatively low satisfaction compared to its high importance, implying that further improvement in these development measures is especially required.

The proposal of urban regeneration methods for deteriorated downtown residential area, considering the development condition of urban blocks - A case study of Kwangju City (쇠퇴한 구도심 주거지의 개발여건별 재활성화 방법 제안 - 광주광역시 구도심을 사례로)

  • Yoon, Yong-Suk;Yang, Woo-Hyun;Kim, Lee-Won
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2009.11a
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    • pp.132-137
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    • 2009
  • The purpose of this study was to suggest urban regeneration methods for deteriorated downtown residential area, considering the development condition of urban blocks. Through the research that are based on literature, field survey, urban planning map and local experts consulting, it found out suitable sites for development such as a deteriorated residential zone or a unused site and it was deduced eight development types from analyzing the characters of developable sites. And then it is suggested various housing forms which were applied to eight development types of developable sites. The consequences of this research are summarized as follows. There are various housing forms by eight development types; block housing, low rise-high density court housing, medium low rise-high density housing, urban housing for low-income groups belong to T1-development of urban strategic position; block housing, housing on hilly site, semi-detached house, lodging house, urban housing for low-income groups, elderly housing belong to T2-development for living benefit; block housing, low rise-high density court housing, housing on hilly site, low rise housing, lodging housing, urban housing for low-income groups, elderly housing belong to T3-development of a small-scale rental housing; block housing, low rise-high density court housing, medium low rise-high density housing, terrace-house, housing on hilly site, low rise housing, block-typed detached house, semi-detached house, cluster-typed low rise housing, town house, urban housing for low-income groups belong to T4-residential environment renewal development; terrace-house, housing on hilly site, low rise housing, block housing, semi-detached house belong to T5-development of a small-scale housing; terrace-house, housing on hilly site, low rise housing, cluster-typed low rise housing belong to T6-development to adapt natural environment; block housing, low rise-high density court housing, low rise housing, block-typed detached house, town house belong to T7-development for community; block housing, low rise-high density court housing block housing, medium low rise-high density housing, terrace-house, housing on hilly site, low rise housing, elderly housing belong to T8-development of environment-friendly.

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Refusing Enforcement of Arbitral Awards and Passive Remedy : Focused on PT First Media TBK v. Astro Nusantara International BV and others [2013] SGCA 57 (중재판정의 집행거부와 소극적 구제 - 싱가포르의 PT First Media TBK v. Astro Nusantara International BV and others [2013] SGCA 57 판결의 분석 -)

  • Sur, Ji-Min
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.131-152
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    • 2018
  • On October 31, 2013, the Singapore Court of Appeals handed down a landmark decision in the case of PT First Media TBK v Astro Nusantara International and Others [2013] SGCA 57. The case arose out of an arbitration in Singapore involving the Malaysian conglomerate Astro and the Indonesian conglomerate Lippo, which culminated in a USD 250 million award in favor of Astro. The final award was given to three Astro subsidiaries who were not parties to the arbitration agreement, but who were joined in the arbitration pursuant to an application by Astro. Lippo then applied to the Singapore High Court to set aside the enforcement orders. The Court of Appeals, however, reversed the High Court's decision, and found that Astro was only entitled to enforce the awards. Also, the Court of Appeals undertook a detailed analysis of the use of active and passive remedies to defeat an arbitral award at the seat and the place of enforcement, respectively. It also touches on the innovation of forced joinders of third parties in arbitrations, which have garnered significant interest in the arbitration community. This decision is therefore expected to have a significant impact on the practice of international arbitration, including in relation to how awards can be enforced or defeated, as the case may be.