• 환경영향평가
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• 제23권1호
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• pp.1-9
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• 2014

This study, focusing on the area expansion of limestone mines, identifies the problems of Environmental Impact Assessment(EIA) and what impact the current problems exert on another mines developing process. The legal relations analysis reveals that the Management of Mountainous Districts Act and other related laws effect on EIA process, especially the case of area expansion of limestone mines excluded from EIA. However, these problems can create mismatch with the policy goal of EIA system and have a negative impact on the environment in the future. A series of indepth interviews with managers in related agencies found that those agencies have been unaware of the seriousness of the problem. Without any strategy, negative result made by development activities would get more serious and sustainable development may not be possible at all. In order to solve these problems, government should modify the current interdependent legal provision and create the incentive structure to participate actively related agency in the EIA system.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2006년도 춘계학술대회 및 창립 30주년 심포지엄(논문집)
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• pp.47-52
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• 2006

최근에 경제 발전과 인식의 변화에 따라 국내외적으로 직업병에 관련된 많은 연구가 진행되고 있으며, 그에 따라 상당한 성과도 발생되고 있다. 하지만, 선원들의 열악한 근무환경에 비해 승선근무에 따라 발생하는 직업 관련성 상병에 대해서는 체계적인 연구가 이루어지지 못하고 있으며, 사후(事後) 처리적인 보상에 관련된 연구들만 이루어지고 있는 것이 현실이다. 그래서 본 연구에서는 선원의 직업성 관련 상병에 대한 기초 조사를 근거로 하여 그에 대한 관련 법령 및 제도를 검토하였다. 그리고 선원의 상병 예방과 발병 후 신속하고 적절한 지원을 하기 위한 법적 개선점을 제안하고자 한다.

• 한국소음진동공학회논문집
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• 제15권11호
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• pp.1311-1317
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• 2005

In environmental Impact assessment, noise impact assessment usually consists of three stages-surveying the existing noise levels by measurements, predicting noise levels induced by construction works and predicting noise levels after the completion of a project. The distance-attenuation relation of a point source, which has been used to predict the noise level due to its simplicity does not consider complex acoustic phenomena like multi-reflection, -diffraction and -absorption due to complex topographic configuration of buildings and terrains. For the consideration of such physical complexities. a noise mapping tool is adopted to produce a series of noise maps, which are those for the present, tot the works of construction and for the future. For accurate noise mapping, acoustical and topographic Information is used. Standard sound power levels and directivities of various construction equipments are need and scheduling of construction processes and locations of the equipments should be provided. In the case of exceeding legal limit, mitigation measures are applied to satisfy the legal limits and subsequent noise map is obtained and checked.

• 패션비즈니스
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• 제13권4호
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• pp.37-50
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• 2009

Recently, as individual 3D avatars are rapidly generalized in internet sites, its commercial applications for fashion business are being tried in ubiquitous fashion shopping era. In this research, we have investigated and analyzed patent problems of 3D avatar including personal body data to activate the fashion business using 3D avatars. Here, considering the patents for 3D face and body generation methods are already published, this research is focused on whole 3D body avatar obtained from individual body information. Firstly, definition of 3D avatar and its application cases have been investigated and then it has been researched whether or not legal protections by patent law, copyright law, computer program protection law, design protection law and fair competition laws are feasible in view of the subjects to be protected in each law and requirements for such protections. It was revealed that patent law may provide legal protections for 3D avatar and domestic and foreign patents related to 3D avatar have been researched.

• 국제학술발표논문집
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• The 3th International Conference on Construction Engineering and Project Management
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• pp.635-641
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• 2009

In the building construction, the specialist contractors play the important roles in the point of the quality securing. Therefore, it is very important for the construction industry to study the sub-package problem. The sub-package problem includes two problems which should be solved. One is to decide the scope of works of each specialist contractor, and another one is to decide the particular specialist contractor which carries out the work. However, the sub-package problem in Korea is not clarified yet, although the circumstance around it has changed rapidly. Many factors influence to the sub-package problem regardless of internal factors or external factors of the project. The general contractor usually decides the sub-package under considering the project conditions. In case of the internal factors, each general contractor manages the organization and materials. But the external factors are relatively more difficult to control and predict than internal ones. But out of the external factors, the legal system has very close relationship with a sub-package problem especially in Korean construction system. So, this paper clarifies relationship between the legal system relating subcontracting and the state of sub-package.

• Safety and Health at Work
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• 제14권1호
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• pp.124-130
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• 2023

The increase in the number of fatal electric accidents over the years has escalated the demand for specialized forensic engineers to determine their relevant technical causes. Likewise, the complexities associated with identifying the causes of electrocution accidents have prompted the General Department of Forensic Science and Criminology at Dubai Police to adopt a new methodology to diagnose electrocution accidents, consisting of an approach that involves medico-legal examination, electrical diagnosis of the evidence, and trace evidence analysis. This paper will discuss the application of the adopted method in further detail by unfolding two case reports. The first report outlines a case in which a worker got electrocuted at a construction site while attempting to turn on a lamp. The second case report involves the death of a technician in a workshop after trying to disconnect a washing machine from its plug. The methodology was utilized during the investigation of both cases, which were attended by the appointed forensic engineers and showed promising results.

• 한국건축시공학회지
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• 제12권1호
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• pp.42-53
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• 2012

공동주택 하자소송에서는 다양한 쟁점사항이 있고, 이들을 정리하면 현행 법률적 판정체계가 된다. 본 연구에서는 선행연구에서 수행된 사항을 검토하여, 하자소송의 단계에 따라 법률적 관점의 판정체계를 정리하였다. 채권양도, 제척기간의 기산일, 하자보수종결합의 등이 관련된 주요 쟁점 사항이다. 한편, 이에 대한 최근의 판례자료를 검토하여 판정체계의 논리를 증명할 수 있었다. 이를 통해 다음의 사항을 개선 및 보완토록 제안하였다. 우선 기존 쟁점에 대해서는 채권양도과정의 체계화와 하자담보 보증보험제도의 개선이 필요하다. 또한, 비 계약사항에 대한 하자담보책임관계와 손해배상 경감률의 산정 및 임대 후 분양 전환시 기존 하자종결관계를 체계화해야 한다.

• 의료법학
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• 제10권2호
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• 제어로봇시스템학회:학술대회논문집
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• 제어로봇시스템학회 1997년도 한국자동제어학술회의논문집; 한국전력공사 서울연수원; 17-18 Oct. 1997
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• pp.411-413
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• 1997

This paper presents the problem of fault-tolerant robust supervisory control of timed discrete event systems (DESs). First the concept of faults is quantitatively defined in timed DESs and fault tolerable event sequences are presented as a desired legal language. Given a timed DES with model uncertainty, the conditions for the existence of a supervisor which always guarantees fault tolerable event sequences embedded in the system are derived.

• 산업경영시스템학회지
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• 제9권14호
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• pp.35-43
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• 1986

PL(product liability) is a major social, market, and economic force. The legal obligation of manufacturers and sellers to compensate for injury or damage caused by defective products is not a recent phenomenon. The concept of Product liability has been in existence for many years, but its emphasis has changed recently. This PL prevention program has shown that the two area of product quality assurance one is a PLD(product liability defense) and the other is a PLP(product liability prevention.