• 한국항공운항학회:학술대회논문집
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• 2016.05a
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• pp.89-94
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• 2016

This paper is to investigate how each cases(recurrent cases) is to be classified and what each parties should prepare to solve their cases by civil law system and so on. We could find the increased volume (or quantity) of transportation by air recently and have to worry about the sky-rocketed cases of unfulfilled navigation management(aviation service) proportionately inevitably. So we knew that some cases of disputes are solved by unreasonable demand, unilateral concession or irrational decision without any logical or legal criterion, because both sides(passenger and carrier) do not recognize the situation correctly and have any preparation for the legal settlement. Therefore we should prepare the classification work and comprehend about the legal effect(fulfillment retardation of duty, fulfillment impossibility of duty and imperfect fulfillment in our civil law system) of each cases. We can grasp the legal relationship with a carrier and a passengers by the legal analysis more efficiently and save (or help) energy and time of concerned parties.

• Journal of muscle and joint health
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• v.28 no.1
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• pp.30-40
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• 2021

Purpose: This study aims to present nurses' legal conflicts and legal basis through the precedent analysis of a crime of professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the correct and high-level legal consciousness of nurses. Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses' professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed. Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3). Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.1
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• pp.60-69
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• 2023

Objectives: Business operators handling hazardous chemicals regulated under the Chemical Substances Control Act (CSCA) must receive permits to operate their business from the Ministry of Environment. This study analyzed the status of recent legal violation in chemical handling workplaces in Ulsan where a large volume of chemicals is handled for industrial use. Methods: A total of 557 corporations have been granted legal status as business operators in Ulsan. For all business operators, legal violations in regard to the CSCA that were discovered by the environmental office in the last five years (2018~2022) were thoroughly analyzed. Results: A total of 225 violations of the CSCA have been discovered at 165 corporations, with the violation rate accounting for approximately 27% of all business operators. In particular, 22% of the 165 violators (36 corporations) were discovered to have violated twice or more, and some business operators (6%) even violated in consecutive years. Non-compliance of facility inspection was the most frequent violation (45 cases, 20.1%), followed by non-reporting of important changes in the permitted matters (23 cases, 10.3%), non-completion of legal safety education (19 cases, 8.5%), failure to secure permission for modification in the permitted matters (18 cases, 8.0%), and failure to submit chemical transport plans (16 cases, 7.1%). Conclusions: Most of the violations could have been prevented if the field personnel had paid sufficient attention. Thus, it is fundamentally necessary to create an environment for spontaneous safety management for themselves and to strengthen individual capabilities.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.19-36
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• 2017

This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

• Journal of the Korean Society for information Management
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• v.37 no.1
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• pp.127-151
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• 2020

The court has the responsibility to determine the final interpretation of the law. The court hands down final decisions on personal disputes and conflicts between individuals and the state. Legal commentaries will stay true to their intention of providing diverse legal theories and enabling a unified legal interpretation only when law practitioners are allowed to discuss in depth laws, cases, and legal theories within the boundaries set by commentary authors. If law practitioners include the latest laws, cases, and legal theories as well as their opinions to existing commentaries in their judicial roles and legal studies, they will be able to obtain a unified legal interpretation without referring to other legal literature.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.7 no.1
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• pp.85-96
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• 2004

The purpose of this study is to present the legal object in the related legislation taking the present condition of the domestic laws and the leading cases connected with ecological restoration materials and analyzing their properties according to the analytic standards which are legal class and ecological restoration material items, the present condition by the field of ecological restoration business, interrelationship between the law and the leading cases, comparison of the domestic laws with the foreign regulations. The results of this study are as follows; 1) Detailed enforcement regulation(36.5% of totals), enforcement regulation(32.4%) and law(31.1%) as legal class of the domestic legislation relating to ecological restoration materials are in the order of frequency that shows the little strong frequency at low-ranking class. By items, the number of legislation relating to planting material holds about majority, next to it, stone material, soil material and wood material are in the order of frequency. 2) By the field of ecological restoration business, legislation relating to administration forms the highest frequency(36.3% of totals), next to it, material properties(23.4%), plan design(13.0%) are in the order of frequency. 3) For the number of the leading cases by items of ecological restoration materials, those are, for the most part, them relating to planting material(93.8% of totals). The number of legislation relating to planting material forms the highest frequency at laws and the leading cases in common. 4) The domestic legislation connected with ecological restoration materials is mainly to be in legal class of the positive law, on the contrary, a foreign country has legislation widely consisted of laws, ordinances and other general regulations. Some foreign country legislated the topsoil conservation act, but not to domestic. The result of this study will be applied to legislature and court as reference materials, and to the public and public officer as a means of an understanding of ecological restoration materials.

• Journal of Fisheries and Marine Sciences Education
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• v.22 no.3
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• pp.445-459
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• 2010

The purpose of this paper was to discern the nature of socially acceptable corporal punishment through legal analysis. To do this, the researcher attempted to clarify the concept of corporal punishment, to figure out the current legal position about corporal punishment, and to examine the court cases against corporal punishment. The results of the study were as follows: Firstly, corporal punishment is intentional physical or emotional aversive stimuli to students who violated the rules and norms, to reduce or fix specific undesirable behaviors, by the person who is in charge of discipline of students. Secondly, current regulations do not accept corporal punishment in principle. Thirdly, court cases did not admit the corporal punishment in principle, but did not charge legal liability if the corporal punishment was done in proper manner in view of education. However, the judicial precedents are getting more strict focusing on the human rights of students.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.115-131
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• 2017

The purpose of this paper is to consider key issues and to categorize international arbitrations on industrial significance. Thus this study focused on synthesizing industrial significance, retaining international competitiveness, and securing national implications of international arbitration as a legal service trade system. To obtain these goals, the liberalization of international arbitration proxy service, invitation of international arbitration board regional offices such as PCA to AAA-ICDR, and drawing of international mediation institutions to invigorate the legal service market should be exerted. To revitalize the international arbitration, it would be renounced the control rights of economy-related disputes with internationalism while policies should be improved to enhance the execution of arbitration agreements and awards. It is emphasized the necessities of the process through the institutional mediation agency to resolve more court mediation and international dispute cases, and to handle international arbitration cases after training professional legal experience through cooperation with international arbitration boards such as LCIA, ICC, AAA, and PCA. Ultimately, to revitalize the international arbitration, the industrial significance of arbitration should be analyzed and the critical industrial influence of arbitration such as in the semiconductor, petrochemistry, and ICT sectors should be expanded to gain the competitiveness of the global legal service market with the assistance of institutional complementary measures.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.89-105
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• 2019

This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.3
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• pp.375-383
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• 2023

Objectives: Coal-fired power plants feature diverse working conditions, including multi-layered employment structures and irregular work cycles due to outsourcing and non-standardized tasks. The current uniform occupational environment measurement systems have limitations in accurately assessing and evaluating these varied conditions. This study aims to propose alternative measurement and assessment strategies to supplement existing methods. Methods: Major domestic coal-fired power plants were selected as the study targets. To prepare for the study and establish strategies, work processes were identified and existing occupational environment measurement results were compared and analyzed. The study proceeded by employing three strategies: specific exposure groups (SEGs) measurement, continuous monitoring, and supplementary measurements, which were then compared and discussed. Results: Previous exposure index evaluations (5,268 cases) indicated that crystalline silica, a type of respirable particulate matter, had detection limits below the threshold (non-detectable) in 82.6% (4,349 cases) of instances. Exposures below 10% of the exposure limit were observed at a very low concentration of 96.1%. Similar exposure group measurements yielded results where detection limits were below the threshold in 38.2% of cases, and exposures below 10% of the limit were observed in 70.6%. Continuous monitoring indicated detection limits below the threshold in 12.6% of cases, and exposures below 10% of the limit were observed in 75.6%. Instances requiring active workplace management accounted for more than 30% of cases, with SEGs at 11.8% (four cases), showing a higher proportion compared to 3.0% (four cases) in continuous monitoring. For coal dust, exposures below 10% of the limit were highest in legal measurements at 90.2% (113 cases), followed by 74.0% (91 cases) in continuous monitoring, and 47.0% (16 cases) in SEGs. Instances exceeding 30% were most prevalent in SEGs at 14.7% (five cases), followed by legal measurements at 5.0% (eight cases), and continuous monitoring at 2.4% (three cases). When examining exposure levels through arithmetic means, crystalline silica was found to be 104.7% higher in SEGs at 0.0088 mg/m³ compared to 0.0043 mg/m³ in continuous monitoring. Coal dust measurements were highest in SEGs at 0.1247 mg/m³, followed by 0.1224 mg/m³ in legal measurements, and 0.0935 mg/m³ in continuous monitoring. Conclusions: Strategies involving SEGs measurement and continuous monitoring can enhance measurement reliability in environments with irregular work processes and frequent fluctuations in working conditions, as observed in coal-fired power plants. These strategies reduce the likelihood of omitting or underestimating processes and enhance measurement accuracy. In particular, a significant reduction in detection limits below the threshold for crystalline silica was observed. Supplementary measurements can identify worker exposure characteristics, uncover potential risks in blind spots of management, and provide a complementary method for legal measurements.