• Journal of the Korean Association of Oral and Maxillofacial Surgeons
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• v.42 no.4
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• pp.174-181
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• 2016

Objectives: This retrospective study aims to evaluate the prevalence of maxillofacial trauma in a developing country, along with its pattern, etiology and management. Data for the present study were collected from the Department of Dentistry, ESIC Medical College and Post Graduate Institute of Medical Sciences and Research, Chennai in India. Materials and Methods: The medical records of patients treated for maxillofacial injuries between May 2014 and November 2015 were retrospectively retrieved and analyzed for prevalence, pattern, etiology, and management of maxillofacial trauma. SPSS software version 16.0 was used for the data analysis. Results: Maxillofacial fractures accounts for 93.3% of total injuries. The mean and standard deviation for the age of the patients were $35.0{\pm}11.8$ years and with a minimum age of 5 years and maximum age of 75 years. Adults from 20 to 40 years age groups were more commonly involved, with a male to female ratio of 3:1. There was a statistically significantly higher proportion of males more commonly involved in accident and injuries (P <0.001). Conclusion: The most common etiology of maxillofacial injury was road traffic accidents (RTA) followed by falls and assaults, the sports injuries seem to be very less. In RTA, motorized two-wheelers (MTW) were the most common cause of incidents. The majority of victims of RTA were young adult males between the ages of 20 to 40 years. The malar bone and maxilla were the most common sites of fracture, followed by the mandible. The right side of the zygomatic complex was the predominant side of MTW injury. The majority of the zygomatic complex fractures were treated by conservative management. Open reduction and internal fixation were performed for indicated fracture patients.

• Journal of the Korea Society of Computer and Information
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• v.17 no.5
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• pp.177-183
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• 2012

There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.

• Journal of Families and Better Life
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• v.25 no.4
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• pp.197-216
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• 2007

The Purpose of this research is to perform survey on employees of Non-Government Consumer Organization and interview with ADR personnel from Korean Consumer Protection Board to have thorough grasp of problems among consumer ADR. Also come up with plan that will activate Non-Government Consumer organization ADR. Result of this research states following remarks as solution First, consumers from Seoul and Gyeonggi area is the only people who use ADR in Non-Government Consumer organization, so other local governments need to concentrate on consumers from rural area to take advantage of the service. Second, low activity of ADR and legal procedure support compare to other services provide from Non-Government Consumer organization. Third, statistic shows that employees from Non-Government Consumer organization recognize importance of consumer's ADR and government's support as well as enforcement of law. Forth, the preparation of Consumer ADR in Non-Government Consumer organization, selecting committee is the most important procedures are reinforce human resource, improvement of organization structure. Fifty, order to establish Consumer ADR in Non-Government Consumer organization, recruit professional manpower is the priority and financial support is also important. All these result would help improve the activity of ADR in Non-Government Consumer organization, which will lead the organization to be more professionalize, globalize and able to segment the market. Further more, Non-Government Consumer organization would develop better ways to take itself to another level to provide better service. Also, create an institution that will help consumer's dispute and legal procedure. It will prevent future victims and protect consumer's right.

• Cross-Cultural Studies
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• v.46
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• pp.199-225
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• 2017

Death and the Maiden(1990), by the Chilean playwright Ariel Dorfman, directly addresses the issue of liquidating the past that the transient democratic government of Patricio Aylwin faced, the government established right after the end of the dictatorship of Augusto Pinochet. This article focuses on analyzing the aspects of conflicts and discords between memories of individuals as reflected in the conversations between characters of the play. For example. we look into the effects of traumatic memories of Paulina, tortured and raped by the past government, on her everyday life and examine the relationship between her personal memory and the collective memory. We also look into the discourse of the dominating memory through the confession of the rapist doctor Roberto, and observe how Gerardo, a lawyer appointed as a member of the investigation committee, exposes the truth of the case and mediates the conflict of the memories between the two characters. We uncover the problems inherent in the state memory as it tries to intervene in the strife in memories between assailants and victims and explore the possibility that the concept of memory deterritorialization would be an alternative to overcome these problems.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.36 no.1
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• pp.97-104
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• 2016

In Korea, the number of crash accident victims per 100,000 population is three times higher than the average of OECD. In particular, 60% of it occurs on the community road. Thus, this study intends to analyze the causes of such accidents through a pedestrian and vehicle traffic survey. The purpose is to establish practical safety enhancement measures for community roads. In recent years, lots of changes have occurred in the pedestrian environment. A traffic survey shows that 65% of pedestrians walk on the right and 17% of people use smart-phones while walking. An eye camera experiment shows that the operation load of drivers on the community roads is more than 4 times higher than those in urban roads. According to a speed survey, 62% of vehicles drive at 30km/h or above. The characteristics of accidents on community roads are as follows. First, the ratio of accidents on the edge of the road is 2.3 times as high as those on other roads. Second, when people walk on the right, the ratio of accidents is 2.5 times as high as that of walking on the left. Third, it becomes more dangerous when people cross the road from the right to the left. The majority of accidents is caused by unsafe driving (84.4%). When a vehicle makes a left turn, the likelihood of accidents is 2.3 times as high as those caused by a right turn. The ratio of accidents caused by vehicles going backwards is 14% among all accidents. In community roads, the focus of drivers should be at least 4 times higher than those on urban roads. Thus, walking in the opposite direction of vehicles and careless behaviors are highly likely lead to accidents.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.209-240
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• 2012

Since the age of Lord Mansfield, who laid the foundation of the modern English insurance contract law in the second part of the 18th century, English insurance law has developed a unique rule of warranty. Lord Mansfield adopted very different approach and afforded such a strict legal character to insurance warranty, because the promise, given by the insured, played an important role for the insurer to assess the scope of the risk insured at that time. It is still important that the insured keep his promises strictly to the insurer under the insurance contract, but legal environments have changed dramatically since the times of Lord Mansfield. English Law Commission proposed some proposals for reforming the warranty regime to reflect the changes of legal environment in CP 2007. This article is, therefore, designed to examine the proposals and consider their legal and practical implications. The proposals of Law Commission is summarized as following. First, in CP 2007, Law Commission made two principal proposals for reform of the law on warranty. The first is that the insurer should not be entitled to rely on a breach of warranty unless the insured has been provided with a witten statement of what they have undertaken under warranty. The second is that the insurer should not be entitled to reject a claim on the ground that the insured has breached a warranty unless there was a causal connection between the breach and the loss. Secondly, for consumer insurance, the rule requiring a causal connection would be mandatory, whereas for business insurance, it would be possible for the parties to agree on the effect a breach of warranty should have, provided they use clear language to express their intentions. Thirdly, where the insured contracted on the insurer's written standard terms of business, some statutory controls would be afforded to the contract to ensure that the cover was not substantially different from what the insured reasonably expected. Finally, Law Commission propose that a breach of warranty give the insurer the right to terminate the contract, rather than automatically discharging it from liability, but (unless otherwise agreed) only if the breach has sufficiently serious consequences to justify termination under the general law of contract. Having evaluated the proposals of the Law Commission and considered their legal and practical implications, it is quite clear that the proposed rule interfere with freedom of contract and create legal uncertainty. But change can not made without any victims, so Law Commission's attempt to change severe and injust aspects of the warranty regime would be very welcomed and respected.

• Korean journal of communication and information
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• v.34
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• pp.161-195
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• 2006

Standing to sue has become one of the most important and controversial issues in suits between the press and the victims injured by the press reports. Even thought Korean law was patterned after the European legal system, there is no denying that the Korean Constitution was influenced by that of the United States. The judicial system was also influenced by its counterpart in the United States. The doctrine of standing to sue has plagued the U.S. Supreme Court for several decades. The traditional test of standing in the federal courts was, at the beginning of the century, whether the interest asserted by the plaintiff amounted to a 'legal right', entitled to the protection of the common law. In recent years, the Supreme Court seems to have settled on a two-tiered method for determining whether a plaintiff has standing to sue in federal court. The first level of inquiry is the constitutional core, and the second is the judicially imposed prudential limitations. The purpose of this study is to find out the doctrine of standing in the legal proceedings caused by the press reports. The press needs to internally transform as well to prevent legal dispute, enforcing confirmation when collecting news materials and building up the device for pre-examining the news. The press is also requested to help sincerely the victim recover, realizing that they waste their reputation and credit not to mention a lot of time and monet during the legal dispute.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.85-116
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• 2013

Korea Medical Dispute Mediation and Arbitration Agency, "K-MEDI" in abbr. herein-after, is established on Apr. 9, 2012 according to the law cited in the title above for the purpose of settling medical disputes in a prompt, fair and efficient manner. Two special professional organizations are established in K-MEDI, one of them is Medical Dispute Mediation and Arbitration Committee(hereinafter referred to as the "Mediation Committee") and the other Medical Malpractice Appraisal Board(hereinaf-ter referred to as the "Appraisal Board"), the mission of the latter is to investigate the facts concerning the disputed medical conduct and to research as to and apprai-se whether the medical conduct was negligent and whether a causal relationship exists. Each panel organized in the Mediation Committee or the Appraisal Board shall be comprised of five mediators or appraisers, including necessarily a judge or a prose-cutor respectively and any disputed case regardless of the scale, the importance or the complicacy shall be handled by a panel. As the system is not thought efficient or economic, the number of the members comprising a panel or total members com-prising the Mediation Committee or the Appraisal Board shoud be adjusted, and the process shoud be versified, including the "Rapid Process," for instance. A petition for the mediation of a medical dispute shall be rejected if the respondent fails to notify K-MEDI of his/her intention to accede to the mediation within 14days from the day on which the petition for the mediation was served(Art. 27 Cl. 7). As the option of an arbitrary decision whether the mediation proceedings shall be commenced or not given to the respondent by the clause is thought unfair, making the process unstable, and moreover, diminishing the purpose of the system established by the law cited above for solving the medical disputes, the clause shoud be amended not to allow the respondent the option of such an arbitrary deci-sion. K-MEDI shall conduct the "Program for Compensation of Medical Accidents"(Art 46) according to which unavoidable injuries caused by the medical accidents in the cour-se of childbirth and the "Advances for Damages"(Art. 47) that are the compensating moneys paid to victims in medical malpractice cases who fail to receive money at all or partly from the operator or the professional of a public health or medical institution although he/she has a final and conclusive right to be paid by them. Some operators or professionals of such institutions claim that both the programs violate their fundamental rights assured by the constitution, and that it be a justifica-tion of refusal to accede to the mediation. As any of the programs needs not to be conducted by K-MEDI, it may be a proper solution to change the conductor of the programs to avoid the unproductive controversy.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.27-51
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• 2007

The cumulative result of the work by the ICAO Secretariat, the Secretariat Study Group and the Council Special Group on the Modernization of the Rome Convention of 1952 are two draft Conventions, namely: "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties, in case of Unlawful Interference", and "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties" The core provisions of the former draft Convention are as follows: The liability of the operator is strict, that is, without the necessity of proof of fault. It would be liable for damage sustained by third parties on condition only that the damage was caused by an aircraft in flight(Article 3). However, such liability is caped based on the weight of the aircraft(Article 4). It is envisaged to create an independent organization called the Supplementary Compensation Mechanism, with the principle purpose to pay compensation to persons suffering damage in the territory of a State Party, and to provide financial support(Article 8). Compensation shall be paid by the SCM to the extent that the total amount of damages exceeds the Article 4 limits(Article 19). The main issues on the farmer draft Convention are relating to breaking away from Montreal Convention 1999, no limits on individual claims but a global limitation on air carrier liability, insurance coverage, cap of operators' strict liability, and Supplementary Compensation Mechanism. The core provisions of the latter draft Convention are as follows: the liability of the operator is strict, up to a certain threshold tentatively set at 250,000 to 500,000 SDRs. Beyond that, the operator is liable for all damages unless it proves that such damage were not due to its negligence or that the damages were solely due to the negligence of another person(Article 3). The provisions relating to the SCM and compensation thereunder do not operate under this Convention, as the operator is potentially for the full amount of damages caused. The main issues on the latter draft Convention are relating to liability limit of operator, and definition of general risks. In conclusion, we urge ICAO to move forward expeditiously on the draft Convention to establish a third party liability and compensation system that can stand ready to protect both third party victims and the aviation industry before another 9/11-scale event occurs.

• Korean Association of Arts Management
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• no.54
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• pp.155-184
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• 2020

This study aims to examine the system for gender rights in arts and cultural industry triggered by #Metoo movement and to suggest action plans to improve gender equality. Up until now, Korean government launched 'Pan-governmental Counter Plan', 'Recommendation of the Special Center for Investigating Sexual Harassment and Sexual Violence in Arts and Cultural Industries' 'the Primary and Secondary Supplemental Measures to Eradicate Sexual Harassment and Sexual Violence in the Arts and Cultural Sector by the Ministry of Culture, Sports and Tourism in Korea', and '2030 Cultural Vision'. Korean government has designed the system to protect gender rights using these proposals. Implemented policies can be grouped into 4 different categories; protecting victims, punishing abusers, implementing preventive measures, and reforming legal system. However, despite Korean government's multilateral efforts, continuous criticism aroused as policies failed to witness actual impacts in the industry. Given the fact that 2 years have passed since the launch of gender equality policy in cultural sector, this is the right time to discuss the current status and ways to improve it. For above reasons, research was conducted on documents including, but not limited to, government publications and an analysis of interviews with 9 major stakeholders of policy planning and implementation. During the study, interviews were analyzed using the qualitative research program MAXQDA. As a result, 5~10 problems were revealed in each category of the system. Furthermore, meaningful correlation has been found in improvement areas suggested by the interviewees. This connection implies that the policy for gender rights in arts and cultural industry shall be developed organically in order for the system to work.