• 한국지하수토양환경학회:학술대회논문집
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• 한국지하수토양환경학회 2002년도 추계학술발표회
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• pp.103-106
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• 2002

Solubilization isotherms for methyl tort-butyl ether (MTBE) in sodium dodecyl sulfate(SDS), dowfax 8390, sodium dodecylbenzenesulfonate and cetylpyridinium chloride (CPC) were investigated for application to micellar enhanced remediation. Dowfax 8390 showed maximum extent of solubilization among surfactants tested in this study. It seems that sulfate group in anionic surfactants playes a important role in solublization of MTBE. Chemical shiftes in NMR of surfactant and MTBE supports this point.

• 한국마린엔지니어링학회:학술대회논문집
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• 한국마린엔지니어링학회 2005년도 후기학술대회논문집
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• pp.92-93
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• 2005

A contract for the shipbuilding is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, Germany and some countries law. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Korea, Japan and some countries law. Especially, most of countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other for pure economic loss to remote owners of chattels. Where there is either a breach of contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis is dealt with the contents of contract under English Law. Secondly, this thesis is analysed into the liability of shipbuilder in Products Liability under English, American and Korean Law comparisons. In conclusion, the author tries to give some suggestions as countermeasures of Products Liability to the shipbuilder in Korea.

• 의료법학
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• 제10권2호
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• pp.85-113
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• 2009

In this paper, the Judgment 2007DA76290 of the Korean Supreme Court was analysed in two points of the legal theory and litigation. The judgment arouses some issues of medical malpractice liability. They includes the concept of the complications and permanent lesion and the difference between them, some problems in a judge's applying the requirements for the physician's tort liability to the medical malpractice situations, the theory of obligation de moyens related with the burden of proof of the negligent conduct for a physician's liability for misperformance of contract, the influence of a patient's physical conditions on the physician's liability, the breach of duty to disclose in selecting the safer one of the treatment methods bringing about the complications or leaving the permanent lesion and so on. In the situations of the case referred to above, the plaintiff should have tried to establish that a reasonable physician in the specific situation of the case would have substituted the safer method of treatment for the method in the case. If the plaintiff had succeeded in establishing it, he or she could have recovered even the physical harm resulting from the permanent lesion brought about by the complications of the specific treatment in the case. The plaintiff failed to do so and recovered only the emotional distress which the patient suffered owing to the physician's breach of the duty to disclose. Therefore the legal malpractice of the counsel might be found in this case.

• 의료법학
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• 제14권2호
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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.

• 한국중재학회지:중재연구
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• 제22권1호
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• pp.89-110
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• 2012

No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

• 의료법학
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• 제23권4호
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• pp.133-170
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• 2022

대법원 2021. 7. 29. 선고 2018다228486 판결은 책임능력 있는 정신질환자의 보호의무자의 감독의무 위반으로 인한 손해배상책임의 근거를 민법 제750조로 명시하였다. 이 판결은 보호의무자가 구 정신보건법에 따라 정신질환자에 대한 감독의무를 부담함을 근거로, 보호의무자에게 민법 제750조에 따른 감독의무 소홀로 인한 불법행위책임의 성립을 인정하고 있다. 그러나 '감독할 법정의무'를 명문의 규정으로 요구하는 민법 제755조 제1항의 경우와 달리, 민법 제750조는 일반 불법행위책임을 규정하고 있을 뿐이므로, 민법 제750조에 따라 감독의무 위반으로 인한 불법행위책임을 인정하기 위해서는, 감독의무의 근거가 반드시 법률일 것을 요하지 아니한다. 이 경우 사회상규나 조리, 신의칙, 형평의 원칙에 의해서도 감독의무를 인정할 수 있다. 보호의무자의 감독의무는 정신질환자의 행동으로 인한 모든 결과를 방지해야 하는 일반적인 의무가 아니라 합리적으로 제한된 범위에서의 의무이다. 따라서 보호의무자가 피보호자인 정신질환자가 타인을 위해할 가능성이 있다는 구체적인 위험을 인지하였는데도 대비를 하지 않은 경우와 같이 정신질환자의 행위에 관해서 책임을 묻는 것이 타당한 객관적 상황이 인정되는지 여부에 따라 개별적으로 판단하여야 한다. 정신건강증진 및 정신질환자 복지서비스 지원에 관한 법률에 따른 보호의무자에게는 피감독자에 대한 일반적인 자상타해방지감독의무까지 인정하기는 어렵다고 할 것이나, 보호의무자가 입원신청을 하였으나 정신건강의학과전문의가 입원등이 필요하다고 진단하지 않은 경우나 정신의료기관등의 장은 입원등을 받아들이지 않은 경우 및 정신질환자의 행동에 대해 보호의무자에게 구체적인 예견가능성이 없다고 판단될 경우에는 보호의무자의 감독의무 위반 자체가 없다고 보아야 하며, 설혹 감독의무 위반이 있다고 하더라도 정신질환자의 불법행위로 인한 손해와의 사이에 인과관계가 존재하지 않는다고 보아야 할 것이다.

• 보건행정학회지
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• 제2권1호
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• pp.80-114
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• 1992

Current compensation schemes for medical malpractice based on negligence is absolutely malfunctioning in Korea. Focussing on the reform of present tort systems for resolving medical malpractice disputes, this paper discusses the alternative models of the Social Relief Schemes for Medical Malpractice (SRSMM). Alternative models of SRSMM should fundamentally be based on either negligence or nofalult compensation principle. On the foundation of the previous relief principle, the SRSMM should be equupped with three major components-the preventio/reduction of the sharp increasing medical malpractice, the effective and efficient resolving process for malpractice disputes and the proper social financing scheme for compensation. The paper deals with pros and cons of the possible alternative models for reform centering on the three major components of the scheme. As conclusions, administrative arbitration machinaries and a compulsory fund for compensating the injured under the negligence principle are proposed to resolve the current problems Korea has faced.

• 한국농공학회:학술대회논문집
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• 한국농공학회 1998년도 학술발표회 발표논문집
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• pp.467-472
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• 1998

The interface friction angle between soil and fibers is important to evaluate improvement of the shear strength on fiber mixed soils. Direct shear test and pullout tort conducted by an apparatus made specially for the purpose of this study, was analyzed to know how fiber and soils affect on interface friction angle. By the results, The value of interface friction angle of sandy soils is larger than that of clayey soils. As a diameter of fiber is large, the value of friction coefficient of sandy soil is increase and that of clayey soil is decrease. An interface friction angle of well graded soil is larger value than that of uniform graded soil

• 한국지하수토양환경학회:학술대회논문집
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• 한국지하수토양환경학회 2000년도 창립총회 및 춘계학술발표회
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• pp.92-95
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• 2000

A mixed bacterial culture capable of mineralizing methyl tort-butyl ether (MTBE), other fuel oxygenates ethers, tertiary carbon alcohols, benzene and toluene was used to inoculate batch reactor and sequence batch reactor (SBR) to treat gasoline contaminated ground water containing about 60 mg/L MTBE, 5 mg/L benzene, 5 mg/L toluene, and low concentrations of several other aromatic and aliphatic hydrocarbons. Respirometery studies showed that MTBE degrading mixed culture could treat MTBE contaminated ground water with addition of nitrogen and phosphate. SBR was operated to demonstrate the feasibility of using suspended growth activated system for the treatment of ground water and to confirm that the respirometry derived kinetics and stoichiometric coefficients were useful for predicting reactor performance. Theoretical performance of the reactor was predicted using mathematical models calibrated with biokinetic parameters derived from respirometry studies.

• 한국인쇄학회지
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• 제20권1호
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• pp.91-101
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• 2002

An acid amplifier is defined as an acid-generating agent which is decomposed autocatalytically to produce new strongly acidic molecules in a non-liner manner, The addition of the acid amplifiers to conventional chemically amplified photoresists consisting of photoacid generators and acid-sensitive polymers result in the improvement of photosensitivity due to the amplified generation of catalytic acid molecules as a result of the decomposition of acid amplifiers. We synthesized and evaluated 1-hydroxy-4-tosyloxy cyclohexane(AA-1) and 1,4-ditosyloxy cyclohexane(Ah-2) as novel acid amplifiers. The acid amplifiers(AA-1, AA-2) showed reasonable thermal stability for resist processing temperature. As estimated by the sensitivity curve, tort-butyl methacrylate homopolymer(ptBMA) film doped with AA-1 or 2 exhibited much higher photosensitivity than ptBMA film without AA-1 or 2. And AA-1 showed higher effect than AA-2 on enhancing photosensitivity of ptBMA film.