• Journal of the Korean Institute of Navigation
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• v.21 no.3
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• pp.39-47
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• 1997

Under Chinese law system, the maritime law is a special branch of the civil law. For this reason, the maritime litigation shall be governed correspondently by the civil prodecure law. However, since the maritime litigation has its own special prodecure which is different from that of general procedure, there must be some special regulations to be a supplement to the civil procedure law. In this paper, a study is made on such regulations which are "The Regulations Relating to the arrest of Ships Before Litigation" and "The Regulations Concerning the Auction of Ships Which Have Been Arrested by Maritime Court for Clearing off the Debts" The aim of this paper is to describe the basic principles established in the regulations mentioned above in order to make the people who are unfamiliar with Chinese maritime legislation to be understood about Chinese special procedure adopted in maritime litigation.maritime litigation.

• Korean System Dynamics Review
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• v.10 no.4
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• pp.53-72
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• 2009

More than 24.43 million people received a special pardon to mark the anniversary of Liberation Day on Aug. 15 and to commemorate other national event, during 15years(1995-2009), in this period six times of presidential pardon was implemented. The special pardon allows traffic law violator to drive again with their violation records wiped clean. But traffic records show that traffic accidents used to increase very fast in a short period by up to 3-15 percent after implementing the every massive pardons. This study explores the causal feedback relationship between presidential special pardon for traffic law violators and the occurrence of an traffic accidents using a system thinking approach and simulation modelling. Particularly, this study focused on the analysing significant negative impact of the traffic pardon on the occurrence of worrisome traffic accidents. The results of this study show that presidential special pardon have had impact on the traffic accidents as a increasing leverage of positive feedback loop and the obedience of traffic law as a decreasing leverage of negative feedback loop. Finally, this study conclude that the cyclical increasing pattern of traffic accident is resulting from the periodically conducted presidential pardons with political aims.

• Journal of Environmental Impact Assessment
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• v.12 no.5
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• pp.359-367
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• 2003

The total pollution load management system of watershed has been implemented upon Special Law pertaining to the Han River Watershed Water Quality Improvement and Residents Support, Special Law pertaining to the Nakdong River Watershed Water Management and Residents Support, Special Law pertaining to the Youngsan River Watershed Water Management and Residents Support, and Special Law pertaining to the Seomjin River Watershed Water Management and Residents Support in Korea since 2002. But many other similar systems with total pollution load management system of watershed are being operated separately or independently, even though its purpose is nearly same with those of the total maximum pollutants load management in Law on Water Quality Environmental Protection, environmental impact assessment(EIA) in Law of Impact Assessment on Environment, Transportation and Disaster and Pre-environmental assessment of Environmental Policy Act. Therefore the contents of total pollution load management system of watershed and many other related systems could be overlapped and at some times have inconsistency among them. This study suggests first the integrated operation of total pollution load management system of watershed, EIA, pre-environmental assessment, urban planning, and sewage planning and secondly EIA system development by integration of EIA and pre-environmental assessment and strategic environmental assessment(SEA).

• Journal of Korean Physical Therapy Science
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• v.16 no.2
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• pp.45-55
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• 2009

Background: This thesis aims at suggesting the direction for the introduction of public free treatment support system according to the establishment of [Special Education Law] and the right settlement of therapeutic support service. Method: It introduced the characteristics and the contents of school based PT & OT, diagnosis and evaluation, and operation method. It set up question items and presented intervention plan, and substantial intervention, beginning from the request of whole process. The diagnostic evaluation was described from 4 aspects, which are consideration matters in the time of document drawing and diagnostic evaluation, chiefly centering around SOAP. The flow of overall treatment support service, the allocation of 16 handicapped children for 1 therapist, and the weekly treatment frequency according to the treatment support location and environment were suggested in the concrete operation method. Result: The concrete method should be explored in order to provide handicapped students with requisite services, which are offered by various experts in the amended 'Special Education Law'. In addition, work condition and social welfare, which are equal to school teachers, should be provided for all experts. Conclusion: Along with these things, special education support center should establish the road-map for the education rehabilitation of the handicapped children from the evaluation of early diagnosis of the handicapped children to treatment support and lifelong education.

• 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.

• Korean Journal of Social Welfare
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• v.66 no.2
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• pp.31-49
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• 2014

The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

• 한국항공우주법학회:학술대회논문집
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• 2008.05a
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• pp.143-149
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• 2008

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.71-106
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• 2004

Todays, L/C transactions in international trade are governed by UCP 500 and eUCP. But UCP 500 and eUCP do not cover all legal problem of L/C transactions. Therefore choice of laws in international L/C transactions are occurred. U.S.A. has an enacted law (UCC ${\S}5-Letter$ of Credit) to govern L/C transaction. But other countries has no special enacted law to govern L/C transaction. The reason is that there are difference between legal attitude of U.S.A. and other countries. American law considers L/C as a special device made by merchants. Therefore U.S.A. applies UCC ${\S}5-Letter$ of Credit instead of general contract law. UCC ${\S}5-Letter$ of Credit includes provisions of warranties, remedies, and so on that UCP 500 and eUCP do not include. But the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction is very important legal problem. First, this study is to justify concepts of honor and dishonor, and sufficient conditions for dishonor of the issuing bank. in UCC. Second, this study is to examine closely the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction. Third, this study is suggest distinctive features on the Liabilities to wrongful dishonor of the issuing bank in UCC ${\S}5-Letter$ of Credit and our trader's matters to be attended to L/C transactions governed by UCC.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.165-181
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• 2014

Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.

• Journal of the Korea Society of Computer and Information
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• v.23 no.11
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• pp.167-173
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• 2018

The Korean government announced its goal of commercializing autonomous vehicle by year 2020. With such changes, it is expecting to decrease car accident mortality by half. To commercialize autonomous car, not only worries on safety of autonomous vehicle has to be solved but at the same time, institutional system has to be clear to distinguish legal responsibilities in case of accident. This paper will present the legal improvement direction of the introduction of autonomous vehicles as follows. First, it is necessary to re-establish concept of 'driver' institutionally. Second, it is appropriate to focus on Level 3 autonomous vehicle which is about to be commercialized in year 2020 and organize legal responsibility. Third, we should have a clear understanding on how level 3 autonomous vehicle will be commercialized in the future. Fourth, it is necessary to revise The Traffic Law, Act on Special Cases concerning the Settlement of Traffic Accident, and Automobile Accident Compensation Security Law in line with level 3 autonomous vehicle. Fifth, it is necessary to review present car insurance system. Sixth, present Product Liability Law is limited to movable products (Article 2), however, it is necessary to include intangible product which is software. Seventh, we should review on making special law related to autonomous car including civil, criminal, administrative, and insurance perspectives.