• The Journal of Internal Korean Medicine
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• v.40 no.4
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• pp.597-611
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• 2019

Objective: The goals of this study were to analyze each of the reasons adopted by the Constitutional Court or the Courts for Decisions determined to permit the use of medical devices by Korean medicine doctors and to look at the medical devices from a Korean medical perspective. Materials and Methods: For this study, several judicial precedent databases were used for searching judicial precedents that handle the usage of medical devices by Korean medicine doctors. Prior studies on similar issues were considered. The Korean medicine textbooks and related research studies were also used in this study. Results: From 2000 to 2018, a large number of lawsuits were filed regarding the legality of Korean medicine doctors using medical devices; approximately 20 final judgments or decisions were made. Among them, only two cases determined that Korean medicine doctors could legally use medical devices. Conclusion: The decisions in both cases could be interpreted as the judgments that Korean medicine doctors were allowed to use a medical device whose use or operating principles were commonly incorporated with Korean medical principles. That was provided that training was sufficient in the use of the medical device, to the extent that it could be used and that such use of the medical device was not feared to pose a health hazard.

• Journal of Acupuncture Research
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• v.29 no.4
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• pp.71-79
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• 2012

Objectives : The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents. Methods : The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012. Results : Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety. Conclusions : To perform an explanatory duty has important legal implications for the protection of patients' rights and Korean Medicine doctors' autonomy on TKM treatment.

• Korean Journal of Mathematics
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• v.29 no.4
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• pp.649-664
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• 2021

There have been numerous efforts to provide legal information to the general public easily. Most of the existing legal information services are based on keyword-oriented legal ontology. However, this keyword-oriented ontology construction has a sense of disparity from the relationship between the laws used together in actual cases. To solve this problem, it is necessary to study which laws are actually used together in various judicial precedents. However, this is difficult to implement with the existing methods used in computer science or law. In our study, we analyzed this by using topological data analysis, which has recently attracted attention very promisingly in the field of data analysis. In this paper, we applied the the Mapper algorithm, which is one of the topological data analysis techniques, to visualize the relationships that laws form organically in actual precedents.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.3
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• pp.161-171
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• 2023

The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

• Korean Journal of Social Welfare
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• v.58 no.1
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• pp.395-423
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• 2006

The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

• Archives of design research
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• v.16 no.3
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• pp.133-142
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• 2003

This study on parody and especially parody in advertising, deals with the basic concepts of parody in advertising, as well as copyright infringement issues highlighting the different legal interpretations in American and Korean law when dealing with indiscreet cases of parody in advertising. some suggestions are made on desirable and forword-looking solutions. Different to the acceptance of parody in the American culture, Korean law was limiting in allowing parody to be used and applied. In order to solve copyright issues concerning parody, the following points need to be addressed and analyzed; ·First, plagiarism, imitation, and the dear outline of deliberation standards about parody. ·Second, the expansion of the deliberation body aid explicit application of deliberation standards. ·Third, the trying for self-improvement of the advertising industry itself. ·Fourth, the development and advancement of consumer monitoring. ·Firth, the review of judicial precedents along with tile vocalization of the advertising industry's ideas and concepts on the matter.

• The Journal of Korean Medicine Ophthalmology and Otolaryngology and Dermatology
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• v.25 no.3
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• pp.78-87
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• 2012

Objective : The purpose of this study is to describe the characteristics of medical malpractice related to pediatric ophthalmology and to identify the causes and potential preventability of medical litigation in Korean medicine. Methods : A study was performed by analysing 8 cases of lawsuit in the year between 1968 and 2011, which were selected among the medical dispute cases involving pediatric ophthalmology. Results : The eight closed claims occurring in the field of pediatric ophthalmology were founded in the data for medical malpractice. One claim was supreme court decision, two claims were high court decisions and five claims were district court decisions. Conclusions : While malpractice claims occurring in the field of pediatric ophthalmology were uncommon, they resulted in a high rate and amount of indemnity payments. For reduction of medical disputes, improvement of clinical trials and clinical medical cares is emphasized, and informed consent is also important.

• Korean Journal of Oriental Medicine
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• v.15 no.3
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• pp.19-28
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• 2009

Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government. Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968~2009, n=130). Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

• Korea Trade Review
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• v.45 no.5
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• pp.279-301
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• 2020

In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

• Journal of Software Assessment and Valuation
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• v.17 no.2
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• pp.11-17
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• 2021

In this study, problems of software completeness appraisal are pointed out and their solutions are presented by analyzing appraisal cases and judicial precedents. Completeness appraisal, ready-made appraisal, defect appraisal, and cost appraisal have been classified as and have been evaluated with extant software completeness appraisals. From a legal point of view, and in judicial precedents, however, there is a big difference between the definition of completeness and the completion rate. This is because the degree of completeness is evaluated under the premise that the software's development is complete, whereas the ready-made appraisal inspects the development progress of unfinished software. Often, in cases involving software completion rate, the total completion level is calculated by weighting each step of the software development process. However, completeness evaluations use the software's realization-operation as its sole criterion. In addition, another issue not addressed in existing software completeness appraisal cases is that there is no mention of who is responsible for software defects, whereas in case law, the responsible party is determined by finding who caused the dispute. In this paper, we systematically classify these problems, and present a novel evaluation method that separates software completeness evaluations from software completion evaluations.