• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.43-77
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• 2010

The development of the aviation industry has exponentially increased the volume of passengers and cargo and gradually expanded the damage scope of all kinds of accidents in the process of transportation. As a result, the need for aviation insurance has accordingly grown bigger and bigger every day. That is why most nations have a law to force mandatory insurance on the aviation industry. However, the Montreal Convention of 1999, which Korea also signed and today has the most extensive effect in the international civil aviation community, offers no clear interpretations about the coverage of aviation insurance along with the Air Transport Business Promotion Act of Korea. The advanced nations of air transport business such as EU, the U. S. A. and Canada prescribe the coverage of aviation insurance and have a law that makes it mandatory for all the passengers and third parties to cover air carrier's liability. EU requires them to include cargo and baggage in scope of coverage, and the U. S. A. and Canada recommend insuring by having a shipper receive a written notice containing information about whether the concerned cargo is insured or not. Making the scope of coverage of aviation insurance clear by law serves several purposes including diversifying risks for air transport companies, providing the victims with enough protection, observing the international accountability required in the air transport industry, and promoting the productive and sustainable growth of the aviation industry. Thus problems with Korea's aviation insurance should be resolved by clearly stating the coverage of aviation insurance that the Korean air carriers and operators need to insure according to the current state of Korea's air transport by consulting the legislations of the advanced nations in air transports. and enacting a law to comprehensively govern Korea's aviation insurance.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• Journal of the Korea Society of Computer and Information
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• v.21 no.5
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• pp.177-184
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• 2016

Since 1980s, 30 years has passed after issues on environmental refugee began to appear. However, why environmental refugee is not considered as refugee officially in international society? Above all, it seems that main point is the responsibility given to those developed countries if they, whom led the climate changes, officially acknowledge environmental refugee. The problem is that environmental refugee has no direct responsibility for causing climate changes. Actually. the responsibility should be granted to the developed and industrialized countries which caused climate changes. In accordance to the refugee protection system established under current international law, it is difficult to include them into refugee category and thus, they can hardly have enough support. It is urgently needed that new refugee treat which have the new standard and solution added to it shall be adopted. To allow new refugee treat to be effective it is compulsory to have constant and binding policy determination and willingness of execution from a united international organization. Of course, before this, countries should try to have common recognition on recognizing new refugee problem and its seriousness as well as solving those problems together. In reality, it is worth considering adoption of semi-forceable type of system as a more effective way, which allocates responsibility of accepting refugee by amount of carbon emitted. Also, as refugee issue has an important influence on mother company and the third countries, execution process of the system has to be defined clearly. For those permanent organizations, they should accurately define environmental factors making refugee and set standards to minimize possibility of abuse and misuse.

• Journal of the Korea Society of Computer and Information
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• v.25 no.10
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• pp.231-240
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• 2020

Countries around the world have already taken direct and indirect measures to warn of the harmful effects of mobile phone electromagnetic waves. On the other hand, in the Republic of Korea the installation of Wi-Fi has been expandedwithout restrictions by location, and there is a widespread atmosphere of protesting human rights violations even if young students cannot use mobile phones, ignoring problems caused by the use of mobile phones. Human brain cells are increasingly exposed to electromagnetic waves of mobile phones as the penetration rate of smartphones grows.In order to solve the long-lasting question of whether electromagnetic waves from mobile phones will harm the human body, many studies are being conducted in various countries around the world, andthe recently published findingshave warned of the potential for harm. The labeling of electromagnetic waves alone is not sufficient to raise awareness about the dangers of electromagnetic waves. It is necessary that the Republic of Korea organize and operate a national electromagnetic wave research center in line with its status as an IT powerhouse, along with the revision of the Radio Wave Act, which directly warns the public about the hazards of mobile phone electromagnetic waves and can directly impose obligations on the mobile phone industry.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.4
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• pp.1013-1023
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• 2016

Transborder data flow(TBDF) of personal information in Korea has been limited by current Privacy law which request data subject to give consent. As the IT industry is growing at an incredible rate, there is a need to review the existing law to cope with growing industrial demand and increasing numbers of international data transfer. The transfer of personal data overseas not only allow businesses providing IT services including finance, internet, e-commerce to thrive, but also impact every aspect of our lives which are increasingly depended on these technology. Transmitting personal data across borders raises serious questions of privacy protection and restriction of business operation. In ordrer to promote interoperability of personal data in international environment, a considerable amount of research and debate needs to be taken before implementing a sound policy. This paper presents a need for a sound TBDF policy in Korea by examine the main policy challenges associated with TBDF. Finally, the paper identify policy suggestions based on European Union's approach as they have successfully implemented TBDF policy that balanced data privacy and economic agenda.

• Journal of the Korean Society for Library and Information Science
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• v.52 no.3
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• pp.193-214
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• 2018

This study aims to analyze enactment of China's old and rare books management. For the purpose, the review on China's legal system and management related to old and rare books were studied. And this study investigated 4 laws, 6 administrative regulations, 4 sector regulations, and 13 administrative normativity papers. Among those, 5 major sources for old and rare books management were identified as follows : 1) China's National Civilization Protection Law in 2013, 2) China's Old and Rare Book Organization Directive in 1989, 3) Regulation on Management of Research, Organization, and Publication of Old and Rare Books in 1986, 4) Standards on Grading Classification of Civilization Collections in 2001, and 5) Provisional Regulation on Civilization Auctioning in 2003. Based on the analysis of these sources, this study deduced implications in terms of Chinese old and rare books management such as the necessity to give considerations to 1) the importance of old and rare books management policy, 2) nationwide old and rare books management, 3) expansion of eduction and training of human resources, 4) establishment of institution specializing in old and rare books, and 5) special management of science of Chinese medicine.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.181-208
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• 2010

Maternity services is often perceived as a troublesome business and obstetric litigation is on the increase in Western countries. Overall, the number of claim and cost of litigation to the NHS Litigation Authority (NHSLA) from maternity services in the UK is increasing every year. Maternity services account for 60-70% of the total sum paid. This has widespread implications for both the individual practitioners and the institutions where they work, due to increasing malpractice insurance premiums. Fear of litigation is also attracting fewer medical graduates into the specialty, leading to a recruitment crisis in obstetrics and gynaecology. The litigation process can cause pain, suffering and distress to clinicians as well as to the patients and their families. Litigation in maternity services is the result of a complex of events when malpractice (presumed or real) impacts on the attitude of pregnant women and their environment. In such complexity, information is mandatory but may often be misinterpreted. If messages are not tailored to the receiver's capacity, communicating well with the pregnant patient becomes crucial. Therefore, to reduce medicallegal issues in obstetrics, increasing attention and an applicable standard of obstetric care to avoid negligence and medical errors should go along with other measures. Considering UK's experiences, NHS redress scheme make it easier to pursue small claims and birth related claims, without necessarily reducing the number of claims processed through the conventional legal system and perhaps encouraging even more of them. The task of dealing with the greater number of inquiries into their practice would inevitably create an added burden for clinicians and hospital managers. Thus further proposals are required to limit the cost of processing inflated claims and to consider whether clinicians should be given some protection from litigation alleging a failure to prevent birth related impairment.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.359-364
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• 2003

The loss of potential opportunity profit which is consisting in the partial markups of the corporation would taking placed in related with the time-delay deeply, has customarily disregarded in contract adjustment under the principles of denial of cost accounting method, declined conjecture in the point of benefits and protection of the law in scope of compensation and the restricted conditions of constant contract. It is being resulted from that the policies of the general principles of accounting standards which is subjected to ask an objective data and evidence, and the denial system as a debt derived from imperfect legal theory applied by current law. Therefore, it is necessitated to find if any irrationality in the positive system is and further to draw an improved reasonable measures to adopt by review of constant system preparing tile reasonableness with the method of suitable quantification devices provided that any time-delay is induced by the party.

• Journal of the Korea Organic Resources Recycling Association
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• v.24 no.4
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• pp.21-29
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• 2016

This study was conducted to review Waste Transfer Stations(WTSs) in Seoul, especially focusing on three aspects, main roles, neighbor friendly and regulation compliance, and to draw out recommendation for improvement. The 46 units of all 65 WTSs treated large amount of waste on a day shipping-out schedule, the other 19 WTSs treated small amounts of wastes which were transported after 3~30 days stock. About 57% of WTSs are located in residential or commercial area. Other 57% of WTSs were open without walls. 79% of WTSs were placed alone. Just 17% of WTSs were permitted as environmental infrastructures by urban planning law, and 31% of WTSs were operated by private waste haulers who were permitted by waste management law. Most WTSs in Seoul seemed to go well with on-going policy demand, such as regionalizing waste treatment facilities, expanding waste recycling, and so on. However lots of WTSs did not implement sufficient environmental protection measures, and partly not compliant with regulations related to urban infrastructures. In the future, the issue on sealing facilities and integrating functions of waste management facilities could be considered in order to fit in urban environment.