• Title/Summary/Keyword: Verdict

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The Value of Personal Information: An Exploratory Study for Types of Personal Information and Its Value

  • Minjung Park;Sangmi Chai
    • Asia pacific journal of information systems
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    • v.28 no.3
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    • pp.154-166
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    • 2018
  • As the number of online privacy incidents are increasing, lawsuits related with personal information infringements have been also growing as well. However, there are large differences between a plaintiff and a defendant to determine the amount of payment for damages from the incident. After the verdict was made, a plaintiff is not satisfied with the amount of compensation, whereas a defendant usually tries to their best to reduce the payment amount. This is because the value for personal information are hardly assessed exactly. In addition, there is no criteria for calculating the price of the information itself. Since the development of information technology enables the firms could collect and use any piece of information to identify a particular individual, the range of personal information has been also broadening. Based on these phenomenon, this study tries to grouping the types of personal information and exploring the perceived value of types of information. Therefore, this study could provide a foundation for narrowing the gap of the value of personal information between the firm and the defendant. Through AHP (Analytic Hierarchy Process), this study finds out that people usually value more on biometrics information, medical records, and criminal records whereas weigh less for email address and date of birth.

The Pandemic League of COVID-19: Korea Versus the United States, With Lessons for the Entire World

  • Issac, Alwin;Stephen, Shine;Jacob, Jaison;VR, Vijay;Radhakrishnan, Rakesh Vadakkethil;Krishnan, Nadiya;Dhandapani, Manju
    • Journal of Preventive Medicine and Public Health
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    • v.53 no.4
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    • pp.228-232
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    • 2020
  • Coronavirus disease 2019 (COVID-19) is inflicting a brutal blow on humankind, and no corner of the world has been exempted from its wrath. This study analyzes the chief control measures and the distinctive features of the responses implemented by Korea and the United States to contain COVID-19 with the goal of extracting lessons that can be applied globally. Even though both nations reported their index cases on the same day, Korea succeeded in flattening the curve, with 10 752 cases as of April 28, 2020, whereas the outbreak skyrocketed in the United States, which had more than 1 million cases at the same time. The prudent and timely execution of control strategies enabled Korea to tame the spread of the virus, whereas the United States paid a major price for its delay, although it is too early to render a conclusive verdict. Information pertaining to the number of people infected with the virus and measures instituted by the government to control the spread of COVID-19 was retrieved from the United States Centers for Disease Control and Prevention and the Korea Centers for Disease Control and Prevention websites and press releases. Drawing lessons from both nations, it is evident that the resolution to the COVID-19 pandemic lies in the prudent usage of available resources, proactive strategic planning, public participation, transparency in information sharing, abiding by the regulations that are put into place, and how well the plan of action is implemented.

A Legal Review on Physical Therapists' Roles and Doctors' Superintendency (물리치료사의 업무범위와 의사의 지도권에 관한 법적 검토 - 청주지방법원 2010. 2. 3. 선고 2009노1317 판결 -)

  • Kim, Han-Nah;Kim, Kye-Hyun
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.337-361
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    • 2010
  • In the case of Korea, both of modern medicine and oriental medicine are admitted as medical practices in the system. In other words, healthcare system is dualized. However, medical practice that corresponds to oriental medicine in Korea is substitution of medical practice in cases of foreign countries. For use of medical devices, it is provided only for doctors and medical technician relevant to use. Particularly, although oriental medicine is recognized as orthodox medicine in terms of the features of Korean medical system, superintendency of oriental doctors is not identical with that of doctors for use of medical devices and superintendency toward medical technicians. Recently, Cheongju District Court decided that superintendency of oriental doctor upon physical therapist is not acknowledged. It can be said that the judgement is opposed to the original verdict which judged that oriental doctors' employment and guidance of oriental doctors upon physical therapist is permissible. Hence this study aimed to review on domestic medical law system, which is dualized, roles of medical professionals, intent of the medical license system, provisions related to medical technician law and relevant precedents. Regulations on practices other than licensed practices by medical professionals are made because medical practices may affect on danger toward life and body of human and public health also. Therefore, the nation regulates medical professionals having licenses to perform medical practices within the range of the licenses. It is clearly prescribed that medical technicians may perform medical practices under instructions of doctors or dentists pursuant to the medical technician law. In addition, the court also judges that it is out of the license of oriental doctors if they use CT devices and limits the use of modern medical devices by oriental doctors. That is to say that it limits oriental doctors' employment of medical technicians and pursuant of oriental doctors on medical technicians as well.

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Case comments on the Korean Supreme Court's Judgment Involved in a Vessel Not to Impede. (Supreme Court Case No.2000 chu 43 Dated 28 November 2000) (통행불방해의무선박 관련 대법원 판결에 대한 평석 (대법원 2000. 11. 28, 선고 2000추43판결))

  • 김인현
    • Journal of the Korean Institute of Navigation
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    • v.25 no.1
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    • pp.61-75
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    • 2001
  • There are two different groups of vessels which have a duty to avoid the other vessel in the Collision Regulations; one is a vessel to keep out of the way and the other is a vessel not to impede the passage. The definition and duty of a vessel not to impede was clarified by IMO's adoption of rule 8(f) of 1972 COLREG in 1987 revision. However, the Korean government has not inserted rule 8(f) of 1972 COLREG into Korean national collision regulations to date and so the definition and application for a vessel not to impede has not been discussed in even academic circle. Recently Korean Supreme Court rendered a verdict on a collision case involved with a vessel not to impede. The writer expresses his view on the duty of a vessel not to impede and criticizes the Supreme Court's judgment, consulting with foreign scholar's article and the relevant IMO's papers.

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Range of Cause for Dismissal Judgement (면소판결사유(免訴判決事由)의 범위(範圍))

  • Lee, John-Girl
    • The Journal of the Korea Contents Association
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    • v.11 no.5
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    • pp.302-307
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    • 2011
  • The current criminal procedure law stipulates that dismissal cause this has to be true when the dismissal judgement. These regulations should be considered as limited by regulations or rules should be considered as exemplary is the problem. Depends on how you look at the difference in the range of dismissal judgement is encountered to. Therefore, this should be reviewed. Encountered to study the reason for the results referred to in Article 326 are valid reasons to limit. Appeals rejected the verdict abuse the rights of appeals, etc. are encountered to dismissal cause is because the restrictive rules. Therefore, the dismissal causes set forth in Article 326 as a guide only view limited because of regulatory reasons the rights of appeals encountered to abuse, etc. should not be included.

Comparison of confidence intervals for testing probabilities of a system (시스템의 확률 값 시험을 위한 신뢰구간 비교 분석)

  • Hwang, Ik-Soon
    • The Journal of the Korea institute of electronic communication sciences
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    • v.5 no.5
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    • pp.435-443
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    • 2010
  • When testing systems that incorporate probabilistic behavior, it is necessary to apply test inputs a number of times in order to give a test verdict. Interval estimation can be used to assert the correctness of probabilities where the selection of confidence interval is one of the important issues for quality of testing. The Wald interval has been widely accepted for interval estimation. In this paper, we compare the Wald interval and the Agresti-Coull interval for various sizes of samples. The comparison is carried out based on the test pass probability of correct implementations and the test fail probability of incorrect implementations when these confidence intervals are used for probability testing. We consider two-sided confidence intervals to check if the probability is close to a given value. Also one-sided confidence intervals are considered in the comparison in order to check if the probability is not less than a given value. When testing probabilities using two-sided confidence intervals, we recommend the Agresti-Coull interval. For one-sided confidence intervals, the Agresti-Coull interval is recommended when the size of samples is large while either one of two confidence intervals can be used for small size samples.

A Criminal Abortion and Protected in the Right to Life (낙태죄와 생명보호)

  • Jung, Hyo-Sung
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.323-361
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    • 2009
  • In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

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Analyzing Chemical Reaction Routes of Explosion by a Mixed Acid - Focusing on Chemical Carriers - (혼산에 의한 폭발사고의 화학반응 경로 분석 - 화학물질 운반 선박을 중심으로 -)

  • Kang, Yu Mi;Yim, Jeong-Bin
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.6
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    • pp.661-668
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    • 2017
  • The purpose of this study is to analyze the chemical reaction pathway for explosion accident of mixed cargo. The analysis used a structural scenario using event-tree analysis. Structural scenarios were constructed by estimating various chemical reaction paths in the content of the mixed cargo accident recorded in the written verdict. The analytical method was applied to three kinds of analysis: chemical analysis based on chemical theory, quantitative analysis using chemical reaction formula, and probabilistic analysis through questionnaire. As a result of analysis, the main pathway of the accident occurred in three ways: the path of explosion due to the reaction of concentrated sulfuric acid with water, the path of explosion due to the reaction of metal and mixed acid, and the path of explosion by synthesizing with special substances. This result is similar to the path recorded in the validation, and it leads to thar the proposed path analysis method is valid. The proposed method is expected to be applicable to chemical reaction path estimation of various chemical accidents.

A Study on the Recognition and Enforcement of Arbitral Awards Applied Public Policy by Chinese Court (중국 법원의 중재판정 승인 및 집행에서 공공질서 적용에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.115-136
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    • 2011
  • In the past, Chinese arbitral system and Chinese arbitral associations were avoided by international society due to the cases which Chinese court rejected the recognition and enforcement of foreign arbitral awards based on rural protection. Especially Chinese court adjudicated to reject the recognition and enforcement of arbitral awards by interpreting public policy broadly. The abuse of public policy by court threats the existence of commercial arbitration system. Under this awareness, the author figured out Chinese court shows what kind of attitude about public policy of Chinese court in the present through analyzing the cases about rejection of enforcement in Chinese arbitral awards in order to analyze whether Chinese court still maintain the negative attitude like past or there exist changes with public policy which is one of the rejection reasons of recognition and enforcement in foreign arbitral awards as the central figure. Chinese court behaved in an uncooperative attitude about arbitral awards like that it reached a verdict to reject the enforcement of arbitral awards by reason of violation in public policy about several foreign arbitral awards at the beginning stage of establishing arbitration law. However, the situation of abuse in public policy was improved a lot by Chinese prime court which enforces pre-inspection system about judgment of rejection of enforcement in arbitral awards. So, there is no case about rejecting the approval and enforcement of arbitral awards by reason of violation in public policy by Chinese court except Yongning Co. case. Moreover, Chinese court got the trust and support from other countries through reinforcement of applied standard. However, Chinese court had been expressed concern from international society because they highly applied public policy and rejected to enforce arbitral awards in the recent case of Yongning Co.. Therefore, this study examined whether it is appropriate to apply public policy of Chinese court in the case of Yongning Co., and then I concluded that. Although Yongning Co. case is the first case which Chinese prime court agrees with public policy by reason of rejection of approval and enforcement in foreign arbitral awards, in my opinion, it doesn't mean that Chinese court has fundamental change in basic attitude and position about the approval and enforcement of foreign arbitral awards. Chinese court keeps the cautious uses of public policy in legal judgment of foreign arbitral awards and it looks like implementing the obligation in regulation of New York Convention sincerely.

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A Study of Popular Music Melody Idioms (대중음악 멜로디 관용구의 판단요소 -Someday 사건 대법원 판례를 중심으로-)

  • Kim, Min Ki
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.11
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    • pp.291-300
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    • 2020
  • Plagiarism concerns in the melody of popular music are on the rise. Despite these concerns, standards and methods for addressing these issues are lacking. This study is significant in the fact that it is the first case in the media which started as a controversy on plagiarism of popular music and even progressed to Supreme Court ruling. The first and second trial courts declared the existence of infringement of copyright by recognizing that the music in question was substantially alike as a result of comparing and reviewing the melody, rhythm, and harmony. However, the Supreme Court came to a different verdict on the infringement of musical work by reversing and remanding the case to the Seoul High Court. The Supreme Court indicated that even though the music presented in the first trial is a creative work entirely protected under the Copyright Act, expression without creativity is an area that is not protected under the law. Based on this case, this study seeks to compare and analyze the essential characteristics of melody in the judgment of infringement of copyrights in popular music, and factors related to the judgment of practical similarity and the judgment of idioms that are the criteria for judging infringement of musical work.