• 의료법학
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• 제16권2호
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• pp.159-193
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• 2015

병원감염 사례에 관한 판결의 주류적 태도는 병원감염 발생으로 인한 손해의 분담을 사실상 환자 측에 전가하는 문제가 있다고 판단되므로, 손해의 공평 타당한 분담을 그 지도 원리로 하는 손해배상제도의 이념에 비추어 환자 측의 증명책임을 대폭 완화하기 위한 방법을 강구할 필요성이 있다. 이와 관련하여 진료계약을 민법상 전형계약으로 규정하고, 병원감염과 같은 의료 측이 전적으로 지배할 수 있었던 경우에는 일반적 진료상 위험이 실현된 때 진료자의 오류가 추정된다고 명문으로 과실추정규정을 둔 독일민법을 검토하였다. 진료계약은 매우 빈번하고 광범위하게 일반 국민의 실생활에서 체결되고 있으며, 그로 인한 분쟁도 다양하게 발생하고 있으므로, 진료계약을 독일과 같이 민법의 전형계약으로 규정함으로써 계약 내용과 분쟁 발생 시 증명책임 등에 관해 규율할 필요성이 있다. 병원감염 사건의 경우 법률에 의해 과실을 추정하고, 병원감염 예방을 위한 노력을 철저히 시행한 기관에 한하여 병원감염 사고로 인한 손해가 발생한 경우 그 비용을 지원하도록 사회보험을 통한 제도적 보완이 필요하다고 생각되며, 향후 이에 관한 면밀한 연구와 검토가 요구된다.

• 전기학회논문지
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• 제60권6호
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• pp.1274-1279
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• 2011

The purpose of this paper is to present the manufacturing defect and damage pattern of a 3 phase 22.9/3.3kV oil immersed transformer, as well as to present an objective basis for the prevention of a similar accident and to secure data for the settlement of PL related disputes. It was found that in order to prevent the occurrence of accidents to transformers, insulating oil analysis, thermal image measurement, and corona discharge diagnosis, etc., were performed by establishing relevant regulation. The result of analysis performed on the external appearance of a transformer to which an accident occurred, the internal insulation resistance and protection system, etc., showed that most of the analysis items were judged to be acceptable. However, it was found that the insulation characteristics between the primary winding and the enclosure, those between the ground and the secondary winding, and those between the primary and secondary windings were inappropriate due to an insulating oil leak caused by damage to the pressure relief valve. From the analysis of the acidity values measured over the past 5 years, it is thought that an increase in carbon dioxide (CO2) caused an increase in the temperature inside the transformer and the increase in the ethylene gas increased the possibility of ignition. Even though 17 years have passed since the transformer was installed, it was found that the system's design, manufacture, maintenance and management have been performed well and the insulating paper was in good condition, and that there was no trace of public access or vandalism. However, in the case of transformers to which accidents have occurred, a melted area between the upper and the intermediate bobbins of the W-phase secondary winding as well as between its intermediate and lower bobbins. It can be seen that a V-pattern was formed at the carbonized area of the transformer and that the depth of the carbonization is deeper at the upper side than the lower side. In addition, it was found that physical bending and deformation occurred inside the secondary winding due to non-uniform pressure while performing transformer winding work. Therefore, since it is obvious that the accident occurred due to a manufacturing defect (winding work defect), it is thought that the manufacturer of the transformer is responsible for the accident and that it is lawful for the manufacture to investigate and prove the concrete cause of the accident according to the Product Liability Law (PLL).

• 한국패션뷰티학회지
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• 제6권1호
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• pp.28-38
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• 2008

Balhae was an ancient Korean kingdom that existed almost 1,300 years ago. It was a dynamic time in the Korean history when the national strength was building up in terms of politics, economy and culture, thereby called as "Haedongseongguk, the powerhouse in the East". Balhae had dominated parts of Manchuria and the northern part of the Korean peninsula between the late 7th century and the 10th century, occupying the center stage of the northern Korean history. It serves as a window to the East Asia in the present as well as in the past. Yet, due to its geography spanning from the North Korea to Kilin Province of China to part of Heilongjiang Province and to the Littoral Province of Siberia, Balhae has been the center of historical disputes among neighboring countries that insist it is part of each of their own history. China argues that it was a prefecture of the Tang Dynasty, established by the Mohe, not a successor to Goguryeo, which is a China-oriented viewpoint of history. In addition, Russia recognizes Balhae as their first-ever medieval feudal state since the Littoral Province is now under their sovereignty. Therefore, the restoration of Balhae history is in line with the veritable establishment of the ancient Korean history. For this, it is necessary to embrace inter-disciplinary achievements and to continue efforts to adopt them rather than to blame the shortage of historical documents and the difficulty of the excavation of relics. If fashion is "a visual symbol" of our society, beauty culture serve as a mirror to reflect our civilization and culture directly or indirectly. Still, it is not easy to draw similarities by analyzing and comparing the attributes of various cultures and civilizations party because the essence of culture lies in diversity. Nevertheless, it is believed that cultural liaison as well as geographical liaison can be a medium to compensate for the limits of the foreign exchange history of Southeast Asia in proving the relationship between Goguryeo and Balhae, by examining and speculating beauty culture that reflect their period. It was confirmed by various documents regarding Goguryeo out of relics, historical sites and documents. Mural paintings showed how the people of Balhae wore and accessorized themselves. They also allowed us to speculate their way of living. As the contemporary historians can assert that Balhae is part of the Korean history thanks to the realism scholars in the late Joseon Dynasty, who rediscovered the Balhae history and conducted practical researches, it is expected that researchers who study beauty culture contribute to completing the restoration of the Balhae history by thoroughly examining our history, costume and beauty culture.

• 대한예방한의학회지
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• 제21권2호
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• pp.45-53
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• 2017

Background and Aim : Lately the age of competition has come among the medical service area. At the same time disputes over the medical practice related to the medical person's territory tend to increase. In part it is due to the increased medical persons but in part it is because the medical practice is not defined clearly in the Medical Service Act for the practice of each medical person. So the legal definition of medical practice will be discussed here. Materials and Method : The cases from the court have been confirmed the difference between the two medical persons regarding the actual events. Legal aspects of medical practice in Korean medicine and the related cases will be reviewed and analysed. Results : The form of medical practice consists of administrating Korean medicine treatment and providing guidance for health based on Korean medicine. For medical doctors the practice includes medical treatment and guidance for health. Circular definition in the Medical Service Act over the medical practice, medical person and medical instruments makes it difficult to understand the whole idea. Therefore, the court has a tendency to decide the medical practice of medical doctor of Korean medicine from the some reliable points which is: 1) it is based on the principle of traditional Korean Medicine, 2) it is practiced by the medical doctor of Korean Medicine, 3) it can do harm to the patient without proper involvement of the medical doctor of Korean Medicine. Now the Act on the promotion of Korean Medicine and Pharmaceuticals makes it include the concept of "scientifically applied and developed" medical practice of Korean Medicine. Conclusions : With the essential change in the Act on the promotion of Korean Medicine and Pharmaceuticals, it is expected that even slight change can be seen in the court cases. However, still the concept of medical practice in the Medical Service Act remains the same. Modernisation of Korean Medicine, enhancement of textbooks and clinical practice training and the effort to amend the law to clearly define the medical practice of Korean Medicine will contribute to the clinical and academic environment. Evidence based Korean Medicine and even the unification of east-west medicine could be considered for the situation.

• 한국중재학회지:중재연구
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• 제25권4호
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• pp.119-136
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• 2015

The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.

• 지적과 국토정보
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• 제50권2호
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• pp.117-132
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• 2020

본 연구에서는 재조사사업이 완료된 세종시 사업지구의 민원 발생 사례를 중심으로 경계 결정방법과 조정금의 전반적인 실태를 분석·평가한 후 지적재조사 조정금 개선방안을 연구하였다. 지적재조사 사업의 조정금 개선방안은 크게 경계조정과 면적허용범위에 따른 개선방안과 제도적인 개선으로 구분하여 제시하였다. 세종시의 경계조정 현황을 분석한 결과 지적재조사 경계조정은 여러 방법으로 경계를 조정하고 있었으며, 이 중에서도 조정이 간단하고 필지를 정형화하는 방법과 도로를 신설하여 맹지 해소를 중심으로 조정이 많이 되고 있음을 알 수 있었다. 이와 같이 경계설정 시 현실경계나 합의경계보다는 소유자와 충분한 협의와 토지소유자의 개인적인 의사를 최대한 반영한 조정경계를 적극적으로 권장하여 효율적이고 합리적인 조정경계를 설정하는 것이 조정금에 관한 분쟁을 최소화할 것으로 판단되었다. 면적허용범위에 따른 개선방안으로는 지적재조사의 결과를 수치데이터로 정확하게 기록 보전하고, 조정금 산정시 공간정보관리법의 면적허용범위 규정 이내일 경우 조정금을 완화 또는 면제해주는 방안의 검토가 필요하다. 마지막으로 조정금과 관련하여 지적재조사 특별법에 토지 소유자에게 본인의 토지를 대상으로 저금리 장기 대출하는 방안을 마련해주어야 하며, 제삼자가 공정하고 객관적으로 가치판단에 의해 산정한 감정평가를 통한 조정금 산정이 필요할 것으로 판단되었다.

• 한국중재학회지:중재연구
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• 제21권3호
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• pp.89-114
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• 2011

Environmental disputes not only possess the special characteristics of collectivity and plural value relativity but it also possesses the unique features of difficulty to prove cause and effect as well as the structural maldistribution of evidence and information. Therefore, the positive resolution of an environmental dispute can be brought about more easily with the Alternative Dispute Resolution (ADR) which can take the form of talks, compromises, as well as arbitration or mediation rather than through a trial process. Such being the case, this paper first looks into the problems and effectiveness of the arbitration system of environmental lawsuits and then takes an even closer look at Korea's environmental dispute arbitration system and finally offer some reform methods. In Korea, the environmental dispute arbitration system was implemented in 1991 and has been executed since then. Although this system does have positive features such as the high rate of coming to an agreement between the involved parties but unfortunately, most of the cases rely on decisions based on right and wrong which cannot but be far away from the intentions of the ADR system. It is heavily centered around claims regarding psychological compensation regarding noise and vibrations and the ratio of the actual amount of compensation is comparatively lower than the requested amount. In addition, with the limits in organization and manpower, it leads to a lack of professionalism as well as the problem of low usage with the low awareness rate. As reform measures against the aforementioned problems, this paper suggests the following. First, in order to activate the arbitration process more fully, it proposes aggressive usage of compulsory arbitration as well as submission to arbitration, while at the same time raising ADR professionals to fill in the missing gaps. Secondly, in order to overcome the problem of concentration of related cases, making representative lawsuits of environmental organizations would be a good idea. It also states that in order to make the compensation amount more realistic, it should go out of the across-the-board decision making process and reach a decision about the compensation amount that takes the individual situation's dispute into consideration. In order to boost the professionalism of the environmental dispute arbitration, it is necessary to reform the organization and manpower such as expanding the number of members of full standing, and increasing the professionalism of the examiners. Also, to increase the usage rate of the ADR system, the paper suggests stationing a civilian consultant regarding environment, or activating the compulsory arbitration which is the premise for public participation on the part of the residents.

• 예술인문사회 융합 멀티미디어 논문지
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• 제8권5호
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• pp.893-903
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• 2018

임대주택단지는 저소득 계층에게 주거의 안정적 공급을 위해 조성되는 단지로서 주거복지측면에서 우리사회에서 갖는 의미가 크며, 지속적인 논란과 관심의 대상이 되어 왔으며, 저소득계층의 거주환경에 대한 관심 등으로 이슈가 되어 왔다. 또한 임대주택단지는 주거사와 궤를 같이하며 발전해 왔으나 저소득계층의 삶의 질 측면에서는 일반 공급 주거와 상당한 차이를 보이며, 이는 궁극적으로 소득계층에 따른 누려야 하는 삶의 질에 대한 권리문제로 논란이 지속되고 있다. 본 연구를 위해 총 6곳의 임대주택단지 답사를 실시하였으며, 시설이용성과 물리적 환경에 대한 조사를 실시하였다. 시설의 이용은 단지의 물리적 환경에 대한 배치계획에 영향을 받으며, 특히 단지의 주진입과 주변 단지와의 관계 등에 영향을 받고 있다. 또한 커뮤니티 공간의 디자인과 시설계획의 정도에 따라 이용자의 이용성에 영향을 미치는 것으로 파악되었으며, 커뮤니티 시설의 복합적 기능 확보를 통해 이용자 요구를 수용할 필요성을 확인하였다.

• Strategy21
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• 통권31호
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• pp.85-119
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• 2013

This paper asks whether the Republic of Korea (ROK) Navy should continue to focus on building ocean-going naval ships when it faces the threats of North Korean provocations in littoral areas. My position is that the ROK Navy should keep pursuing ocean-going capabilities. I provide explanations why it should do so from the perspectives of three important dimensions: capability, doctrine, and organizational identity. First, I argue that the distinction between a littoral navy and an ocean-going navy is an unnecessary dichotomy. It may lead to inefficiency in national security. The military posture should be designed in a way that it can address all external threats to national security regardless of whether they are from North Korea or not. Such capability is the one that the ROK Navy has tried to acquire with the 'Blue Water Navy' initiative since the 1990s. Second, also from the perspective of lately developed military doctrines that emphasize jointness and precision strike capability, ocean-going capabilities such as the mobile task fleet program have become a must, not an option, given today's security situations on and around the Korean peninsula. Lastly, I draw attention to the fact that the 'Blue Water Navy (BWN)' initiative meant more than just capability to the ROK navy. The BWN represents the ROK navy's organizational identity that the navy has defined since the 1980s as it emphasized promoting national interest and international standing as part of its organizational essence. Furthermore, the phrase 'blue water navy' took on symbolic meanings to the people that are associated with South Korean-ness including sovereignty, national pride, standing in the world and hopes for the future. Since 1990s, many scholars and experts have made the case for the necessity of improving South Korea's naval capability based on different rationales. They emphasized the protection of Sea Lines of Communication (SLOCs), the economic value of the sea, the potential danger associated with territorial disputes over islands, and increasing naval power of neighboring countries since the end of the Cold War. This paper adds to this debate by trying to explain the matter with different factors including naval doctrines and organizational identity. Particularly, this paper constitutes a unique endeavor in that it incorporating constructivist elements (that is, identity politics) in explaining a national security matter.

• 한국중재학회지:중재연구
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• 제18권2호
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• pp.79-102
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• 2008

When several parties are involved in a dispute, it is usually considered desirable that the issues should be dealt with in the same proceedings, rather than in a series of separate proceedings. This saves time and money. It avoids the possibility of conflicting decisions on the same issues of law and fact, since all issues are determined by the same tribunal at the same time. Where there is a multi-party arbitration, it may be because there are several parties to one contract, or it may be because there are several contracts with different parties that have a bearing on the matters in dispute. In international trade and commerce, for individuals, corporations or state agencies to join together in a joint venture or consortium or in some other legal relationship of this kind, in order to enter into a contract with another party or parties, where such a contract contains an arbitration clause and a dispute arises, the members of the consortium or joint venture may decided that they would each like to appoint an arbitrator. A different problem arises where there are several contracts with different parties, each of which has a bearing on the issues in dispute. A major international construction project is likely to involve not only the employer and the main contractor, but also a host of special suppliers and sub-contractors. Each of them will be operating under different contracts often with different choice of law and arbitration clauses. The appointment of the arbitrator or the composition of the arbitral tribunal should be in accordance with the agreement of the parties. The parties have to be equally treated in the constituting of the arbitral tribunal and the arbitral proceedings. However, the right of the parties to nominate a member of the arbitral tribunal could be taken away from them, if they are subject to the restrictions by means of the law of the country where the arbitration is taking place. That is, multiple parties jointly should nominate one arbitrator, where there they have to exercise their substantive right in common, or one of them exert his substantive right, then it has an effect on another parties, or they, whether as claimant or as respondent, get the same or similar treatment in the arbitral procedure. Therefore it is necessary to intend to settle multi-party disputes quickly and efficiently.