• Journal of Korean Society of Transportation
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• v.27 no.3
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• pp.111-118
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• 2009

Factors causing traffic accidents are various and traffic law violations can be among them. The efforts to increase traffic law obedience rates of drivers are common in many other countries to reduce traffic accidents, and one of generally applied methods is to increase the amounts of violation fines. Expensive levels of traffic law violation fines could have drivers choose "obey the law" in their decision-making stages since they are economically better-off by following the law. In this sense, this study has developed an economic model to verify whether the current levels of the traffic violation fines of Korea are effective for drivers to choose "obey-the-law" decisions. Speed violations and traffic signal violations have been selected for the case study to verify the relationships between "expected probabilities of being-caught" and "levels of violations fines".

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.217-260
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• 2013

In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

• Asian Pacific Journal of Cancer Prevention
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• v.17 no.sup1
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• pp.91-96
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• 2016

Comprehensive bans on tobacco advertising and promotion were introduced through tobacco control legislation in Viet Nam, but it has been established that violations of the bans are very common. This study was conducted to explore the trend in violations of bans on tobacco advertising and promotion at points of sale in Viet Nam in the past six years and to explore any differences in the violation situations before and after the Law on Tobacco Control came into effect on 1st May 2013. Quantitative data were collected through observation of violations of the bans on tobacco advertising and promotion at points of sale in 10 provinces throughout Viet Nam in four survey rounds (2009, 2010, 2011, and 2015). Variation in violation prevalence over time was examined by chi-square test using a Bonferini method. Binary logistic regression was employed to identify the factors that may have influences on different types of violation. A level of significance of p<0.05 was used for all tests in this article. The most common form of violation was the display of more than one pack/one carton of a cigarette brand. Violation of bans on tobacco advertising increased while violations on promotion ban and on displaying tobacco decreased through time. Some factors associated with the tobacco advertising and promotion bans included surveyed years, types of points of sale, regions and areas where the points of sale were located. The enforcement of the bans did not improve even after the issuance and the enactment of the Law on Tobacco Control. This suggests that the monitoring and enforcement of bans on tobacco advertising and promotion at points of sale should be strengthened. Penalties should be strictly applied for violators as indicated in the current tobacco control legislation.

• Journal of the Korean housing association
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• v.14 no.6
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• pp.33-40
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• 2003

The purpose of this study was to analyze the architect's Administrative Tribunal cases related to housing projects. We collected the 271 decisions of Administrative Tribunal cases from 1985 to 2001 through the Ministry of Legislation data base. As a conclusion of research, most of cases are caused during design process and supervision of construction which are major roles of architects. We can find out that the number of cases of Administrative Tribunal about housing is 10% more than other types of building. And this situation is more serious in supervision building phase. It proves that housing project has more possibility of violation of law than other types. Because it belong to an economic problems. In Korea, clients of housing project tend to take more profits by taking an illegal acts； like enlargement of a building, construction border violation. illegal construction balcony and so on. And architect who roles to be a supervisor is liable to these problems but he has not much authority and economical benefits. Through this research we can analyze this situation and make know what is problem.

• Journal of Korean Port Research
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• v.13 no.1
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• pp.101-112
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• 1999

Traffic accidents increase with the increase of the vehicles in operation on the street. Especially big traffic accidents composed of over 3 killed or 20 injured accidents with the property damage become one of the serious problems to be solved in most of the cities. The purpose of this study is to build the discrimination model on big traffic accidents using the Quantification II theory for establishing the countermeasures to reduce the big traffic accidents. The results are summarized as follows. 1)The existing traffic accident related model could not explain the phenomena of the current traffic accident appropriately. 2) Based on the big traffic accident types vehicle-vehicle, vehicle-alone, vehicle-pedestrian and vehicle-train accident rates 73%, 20.5% 5.6% and two cases respectively. Based on the law violation types safety driving non-fulfillment center line invasion excess speed and signal disobedience were 48.8%, 38.1% 2.8% and 2.8% respectively. 3) Based on the law violation types major factors in big traffic accidents were road and environment, human, and vehicle in order. Those factors were vehicle, road and environment, and human in order based on types of injured driver’s death. 4) Based on the law violation types total hitting and correlation rates of the model were 53.57% and 0.97853. Based on the types of injured driver’s death total hitting and correlation rates of the model were also 71.4% and 0.59583.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.317-343
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• 2014

In order to account for whether a doctor should indemnify damages resulted from violation of duty of care, the fact that a doctor violated duty of care, that damages were incurred, and the link between violation of duty of care and damages incurred, respectively, should be verified. So even though a doctor violated duty of care to patients, he or she will not bear the responsibility to indemnify damages unless it is not verified. If a doctor's negligence in medical practices is assessed that obviously unfaithful medical practice far exceeds the limit of admission of a patient, it will not go against people's general perception of justice or law and order to constitute a medical malpractice itself as an illegal action that will require liabiliy for damage. However, when the limit of admission is set too low, a patient's benefit and expectation of proper medical treatment can be violated. In contrast, if the limit of admission is set high, it can leave too little room for doctors' discretion for treatments due to a bigger risk of indemnification for damages. Thus, a reasonable balance that can satisfy both benefit and expectation of patients and doctors' right to treatment is needed.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.91-123
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• 2012

Doctors and patients for the purpose of healing and treatment of disease through the contract will make a relationship. Doctors perform the medical practice for the state and illness of patient. Given that the patient did not cooperate in the doctor's medical practice, it is difficult to achieve the goal of disease healing. If the patient don't cooperate the medical care, and it is linked with a doctor's medical malpractice, patient's violation of obligation in medical cooperation is considered with negligence on the part of patients. However, this negligence should be limited to obvious cases that the patient's behavior is unreasonable although the doctor provides medical information to patients and induced the patient's response. Also, patient's violation of obligation in medical cooperation must result in adjusting the indemnification via a setoff of fault except the cases having causal relationship between doctor's fault and malpractice.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.295-316
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• 2011

If the medical staff privileges, which mean the eligibility to practice at open hospitals, are excluded in the United States, antitrust claims based on the violation of the Sherman Act have been raised a lot. The proliferation of these lawsuits in the United States, which are characterized as antitrust lawsuits, can be understandable situation. The reason is because doctors who don't belong to specific hospitals are seriously damaged, if the medical staff privileges are excluded and doctors cannot use facilities of open hospitals. In order to decide to allow the privileges of certain doctors, hospitals have to rely on peer review to maintain high quality of medical services, and it is not easy to find alternative of peer review in the professional areas like healthcare. However, there are possibilities that members of the peer review can abuse power to unfairly exclude privileges of potential competitors. In this sense, it is asserted in the U.S. antitrust lawsuits that the restraint of medical staff privilege can be the illegal restraint of trade in violation of section 1 of Sherman Act and can be monopolization or an attempt to monopoly by hospitals in violation of section 2 of Sherman Act. As Korea adopted open hospital system quite recently, there is still no case related with the exclusion of medical staff privileges. However, medical staff privilege system of Korea is not different from that of the United States in principle. Thus, the U.S. jurisprudence on the exclusion of medical staff privileges can be referred in the interpretation of "practice that interferes with or restricts the activities or contents of the business" based on Article 19.1.9 of Monopoly Regulation and Fair Trade Law of Korea.

• Korean Architects
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• s.533
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• pp.82-83
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• 2013

• Journal of the Korean Professional Engineers Association
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• v.24 no.2
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• pp.72-83
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• 1991