• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.337-353
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• 2010

On payment of the insurance money the insurer is entitled to be subrogated to all right and remedies of the assured in respect of the interest insured in so far as he has indemnified the insured. The purpose of subrogation is to prevent the assured from recovering more than once for the same loss, e.g. where goods are lost owing to a collision, the assured cannot claim the insurance money from the insurer and then sue the owners of the ship that negligently caused the collision. Under the doctrine of subrogation the right to sue owners of the negligent ship passes from the assured to the insurer on payment of the insurance money. The insurer is subrogated to the assured 'rights against the carrier under the contract of carriage. To defeat the cargo underwriters' subrogation righters, the carriers inserted in their B/L a clause allowing the carriers to have the "benefit of the shipper's insurance. But, in the Hague Rules, Hamburg Rules, Rotterdam Rules, its makes void any clause that assigns a benefit of insurance of the goods in favour of the carrier. In practice the insurer asks the assured to sign a letter of subrogation and retains the documents in order to prosecute the rights subrogated to him.

• Journal of the Korea Society of Computer and Information
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• v.17 no.8
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• pp.135-144
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• 2012

The Preferred Right that recognized in Housing Lease Protection Act Article 8 Paragraph 1 is a legal security right. The case of a small tenant whose security deposit is less than a specific sum of money to lease housing, he can get preferential payment about his a specific sum of money of security deposit in an auction procedure. Like this the Preferred Right can protect the homeless commoner also it ignores the existing legal system. But the Preferred Right has the right function that contribute to stability of homeless people's housing, on the other hand, it has the adverse function that damages to several interested parties in an auction procedure by using legal preferential protection. So, about these problems, the improvement way will propose in this study.

• 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.

• Journal of the Korean Solar Energy Society
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• v.25 no.1
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• pp.65-78
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• 2005

The objective of this paper is to develop a automatic computation module for optimum stories in apartment buildings in order to assure the solar access right for neighboring areas. Compared to the existing solar access right analysis programs, the proposed solar access right analysis program is more improved and expanded by automating the computing process of optimum stories in apartment buildings. With the result of this research, it would be possible to furnish advanced information for an amicable settlement against the civil petition and disputes, to reduce waste of the time and money, and to improve the efficiency of solar access right analysis works.

• The Journal of the Convergence on Culture Technology
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• v.1 no.4
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• pp.19-26
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• 2015

The purpose of this study was to analyze influencing factors on knowledge of contraception with University freshmen. The cross-sectional descriptive study design was used and we selected 139 University freshmen through randomize sampling. The method of study was frequency, chi-square test, pearson correlation, and hierarchial regression. The result of this study was as follows; General characteristics including sexual related characteristics were sexual education, sex, allowed money in order and there were correlation between sexual education and knowledge of contraception, allowed money and sexual education, and parents and major satisfaction. Therefore we suggest that 새 set up the right sexual culture, right information about sexual information to University freshmen and there are needed tailed sexual education program should be established with sex and allowed money.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.227-255
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• 2011

Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.11 no.11
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• pp.4338-4345
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• 2010

The purpose of this study was to examine the oral care habits, health care awareness of 439 high school students in Gangwon Province. the largest group (46.9%) brushed their teeth over the three times a day on the average, and the biggest group(47.6%) brushed their teeth within 30 minutes after having a meal or snack. In for the major reason for toothbrushing, the greatest group(45.1%) brushed in order to keep their mouth clean, and the largest group (54.4%) tried to do toothbrushing in the right way to prevent dental caries. Knowledge on oral health was surveyed that the oral health knowledge was the highest in 1st-grade students by grade and that the students with the less monthly pocket money led to the higher knowledge by monthly pocket money. The right oral care and the oral-health education will need to be reinforced. The oral health education for high school students will be needed further so that the oral care habit can be settled with having right oral health recognition.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.49-74
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• 2012

This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

• Korean Journal of Social Welfare Studies
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• v.45 no.2
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• pp.327-347
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• 2014

The purpose of this article is to explore the strength of user's right in service delivery process, and focuses on two areas. First one is to discuss the necessity which the process of service delivery will be changed from supplier-oriented system to user-oriented one, in order to strengthen user's right, especially in terms of choice and control. It can be facilitated by the abolishing of classification of disability. Second one is to introduce direct payments which money is directly given to user, instead of being given to supplier. This article also stresses that there is possibility of setting up direct payments because voucher system, a precursor of direct payments, is widely settled down for social service area in Korea.