• 수산해양교육연구
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• 제19권2호
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• pp.168-179
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• 2007

There are many students in school. So school safety accidents are happened by accident. But, if teachers know and understand about school safety accidents exactly, the school safety accidents can be reduced. The conclusion of this study is as follow. First, generally teacher has a duty and responsibility to protect and care students in educational activities. And teacher has a responsibility to protect and care students only in the cases of predictability. Second, teacher must do his/her best about a duty of attention. If teacher do his/her best about a duty of attention, he(she) has not the responsibility about the accident. Third, teacher needs to have more concern student who has a controversial figure. And teacher needs to have an evidence that he/she did his/her best for the student ordinary times. Fourth, the criteria of teacher's legal or illegal punishment to students is (1) the motivation and details for punishment, (2) the methods and degree for punishment, (3) a part of body for punishment, (4) the degree of damage for punishment. Fifth, teacher need to learn the program about school safety accidents systematically.

• 연구윤리
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• 제1권1호
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• pp.23-28
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• 2020

Purpose: Focusing on Supreme Court precedents, we intend to establish criteria for judging research misconduct. Research design, data and methodology: In addition, I would like to propose the criteria for judging research misconduct by the KODISA, which applies the court's standards well in practice, and guidelines for preventing research misconduct. Research design, data and methodology: After classifying the case of research misconduct into six cases, the court's judgment and practical application will be reviewed. Results: First, research misconduct that has passed the disciplinary prescription can be punished. This is because the state of illegality continues to this day. Second, even if there were no punishment regulations at the time of research misconduct, it can be retroactively punished with the current punishment regulations. This is because research ethics is a universal and common standard and does not change. Third, if there is a fact that infringes on intellectual property rights, it is presumed unwritten intentions. Therefore, the act of taking and using the work of another person without permission or proper citation procedure, even if it is unintentional and for the public interest, is a research misconduct. Fourth, if there is an inappropriate citation notation, the intention of research misconduct is presumed. It is the judgment of the court that even if a quotation is marked, if it is incomplete, it is recognized as plagiarism. Fifth, if the author uses the work of another person without proper source indication, it is plagiarism even if the other person who owns the copyright agrees to it. The understanding or consent of some parties does not justify research misconduct in violation of public trust. Sixth, it is a research misconduct to create a new work without citations for one's previous work. In addition, even if there is a citation, if the subsequent writing is not original, it is a research misconduct. Conclusions: Academia should clarify the scope of research misconduct by referring to the Research Ethics Regulations of KODISA, and deal with research results that lack the value as creative works similar to those of research misconduct.

• 한국중재학회지:중재연구
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• 제17권3호
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• pp.101-119
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• 2007

Arbitration is contractual by nature. One cannot be required to submit to arbitration any dispute which he has not agreed to so submit. As commercial transactions become increasingly complex, involving multiple parties and numerous contracts for a single transaction, however, limiting the parties who are subject to arbitration to only those who have signed a contract containing an arbitration clause would frustrate the purpose of such arbitration clause and might lead to injustice among the relevant parties. Therefore, U.S. courts have recognized a number of theories under which non-signatories may be bound to the arbitration agreement of others: (1) incorporation by reference; (2) assumption; (3) agency; (4) veil-piercing/alter ego; and (5) estoppel. Incorporation by reference and veil-piercing theories have already been recognized by Korean courts. Agency theory and estoppel theory are not recognizable under Korean law. However, the same or similar result may be achieved by applying the third party beneficiary theory or assumption by third party theory. Although a couple of Supreme Court cases appear to be at odds with the assumption theory, on the basis of the recent amendments to the Arbitration Act, such court precedents can be and should be reversed.

• Child Health Nursing Research
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• 제28권2호
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• pp.91-102
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• 2022

Purpose: This study systematically analyzed cases in South Korea wherein nurses were prosecuted for involuntary manslaughter or injury due to professional negligence in pediatric care. Methods: We analyzed the precedents using the methodology of Hall and Wright (2008) and Austin (2010). Of the 618 cases retrieved from the Supreme Court Decisions Retrieval System in South Korea, we selected the 12 cases in which children were the victims and nurses were the defendants, using a case screening methodology. Results: The most frequent penalty was a fine, and newborns were the most frequent victims. The distribution of cases according to Austin's violation categories was: improper administration of medications (n=5), failure to monitor for and report deterioration (n=4), ineffective communication (n=4), failure to delegate responsibly (n=4), failure to know and follow facility policies and procedures (n=1), and improper use of equipment (n=1). Conclusion: To ensure the safety of children, nurses are required to teach and practice a high standard of care. Nursing education programs must improve nurses' awareness of their legal obligations. Nursing organizations and leaders should also work towards enacting effective nursing laws and ensuring that nurses are aware of their legal rights and responsibilities.

• 무역학회지
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• 제46권6호
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• pp.225-238
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• 2021

This study analyzed the recent precedents of the Korean Supreme Court's Royalty and License fee on this issue and presented implications for future taxation of Royalty and License fee and digital content imports related to reproduction rights. If the price related to imported goods and the price not related to them are combined, it is necessary to revise the statutes to supplement the allocation method of royalty and license fee. In addition, if there is an agreement or a back contract for intellectual property rights through the headquarters or branch office other than the trading party, a method of inducing the importer to voluntarily report it when reporting imports should be considered. Whether Royalty and License fee is taxed or not must be determined after examining the various contract details and circumstances of the transaction.

• 의료법학
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• 제24권1호
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• pp.131-155
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• 2023

의료법은 무면허 의료행위를 비의료인에 의한 의료행위와 의료인에 의한 면허외 행위로 나누어 놓았다. 종래에는 의료행위와 한방의료행위를 엄격히 구분하는 것이 일반적 태도였으나 대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결은 한의사의 면허외 행위 판단기준과 관련하여 새로운 방향성을 제시하였다. 본 논문에서는 대상 판결에서 제시된 새로운 판단기준을 구체적으로 분석하고 새로운 판단기준의 의의와 이원적 의료체계에 미칠 영향을 검토하였다. 대상 판결의 새로운 기준과 기존 판례의 종전 기준이 가진 차별성은 판단의 근거를 한방원리와의 연관성에서 찾지 않았다는 점에 있다. 한방원리와 서양의학적 원리를 배타적으로 구분하는 이분법적 사고에서 벗어나 의료행위의 중첩성과 가변성을 적극적으로 수용하였다는 점에서 진일보한 기준인 것이다.

• Archives of Plastic Surgery
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• 제43권3호
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• pp.278-283
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• 2016

Background Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. Methods We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. Results The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Conclusions Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• 한국산학기술학회논문지
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• 제19권3호
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• pp.180-185
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• 2018

본 연구에서는 기존의 연구들을 바탕으로 표시 광고의 공정화에 관한 법률(표시 광고법)에 기반한 부당한 표시 광고의 의미 및 그로 인한 손해배상책임의 성립 요건에 대해 고찰하였다. 부당한 표시 광고란 소비자를 속이거나 소비자로 하여금 잘못 알게 할 우려가 있는 표시 광고를 말하며 또한 공정한 거래 질서를 해칠 우려가 있는 것을 의미한다. 표시 광고법은 부당한 표시 광고에 의한 소비자 피해에 대해서는 손해배상책임을 규정하고 있는데 이것이 실질적으로 실행되려면 민법적인 접근이 요구된다. 민법상 부당한 표시 광고 행위는 위법성을 지니며 불법행위로 간주되어 손해배상책임을 부담하게 된다. 이와 같은 이론을 바탕으로 대법원 판례를 질적 내용 분석하여 부당한 표시 광고에 의한 손해배상책임의 법리적 특성을 살펴보았다. 광고 및 손해배상책임과 관련된 119건의 판례 중에서 부당한 표시 광고로 인한 손해배상책임과 관련된 17건의 판례를 분석하였다. 분석 결과, 대부분이 민법 및 표시 광고법의 시각에서 판시되었으며 그 법리는 허위 과장 광고의 의미, 판단 기준 및 기망행위에 포함될 경우의 요건, 허위 과장 광고 등 부당한 표시 광고에 의한 '손해'의 의미, 손해액의 산정 방법, 손해배상책임 성립의 요건 그리고 손해배상청구권의 특성에 관한 것이었다. 전체적으로 부당한 표시 광고에 기인한 손해배상 책임 관련 판례의 법리는 주로 '손해'의 의미 규정, 손해액의 산정 방법 등에 초점을 두었음을 알 수 있었다. 앞으로는 현행 표시 광고법상의 손해배상책임 규정이 실효성 있도록 제도 개선이 필요하며 관련 연구들도 지속적으로 실행될 필요가 있다.

• 대한물리의학회지
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• 제13권2호
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• pp.147-156
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• 2018

PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors' guidelines. My paper aims to discuss these topics. METHODS: This study was based on a review of literature and an analysis of judicial precedents. RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors' guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism. CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors' guidelines into indirect and direct types, if there's no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.