• Journal of the Korean Society of Marine Environment & Safety
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• v.30 no.1
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• pp.58-64
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• 2024

Approximately 250 marine oil spill accidents have occurred in Korea, with profound impact on local communities and the environment. The restoration process necessitates significant resources and costs to return affected areas to their pre-accident state. In accordance with the polluter pays principle, compensation is demanded from polluter, as stipulated in both international conventions and national laws. Consequently, investigations are conducted to determine civil and criminal liability. As the importance of investigation actors in oil spill accidents increases, standards such as CEN 15522-2 and ASTM D 3248 are employed to determine the similarity between the spilled oil and the oil of the suspected ship. Among these standards, CEN 15522-2, the most actively used European standard, underwent its third revision and is now known as EN 15522-2, as of 2023. This study used EN 15522-2 to analyze samples from marine oil spill accidents that occurred in Korea. The results indicated that, considering the characteristics of domestic spills where light fuel oil spills account for more than 40%, the application of EN 15522-2, which includes low-boiling point substances such as Adamantanes, was confirmed to be highly effective.

• Korean journal of communication and information
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• v.40
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• pp.150-191
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• 2007

Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.297-341
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• 2017

We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

• Journal of Radiation Protection and Research
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• v.37 no.3
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• pp.108-115
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• 2012

The Urban Areas Working Group within the EMRAS-2 ($\underline{E}$nvironmental $\underline{M}$odelling for $\underline{RA}$diation $\underline{S}$afety, Phase 2), which has been supported by the IAEA (International Atomic Energy Agency), has designed some types of accidental scenarios to test and improve the capabilities of models used for evaluation of radioactive contamination in urban areas. For the comparison of the results predicted from the different models, the absorbed doses in air were analyzed as a function of time following the accident with consideration of countermeasures to be taken. Two kinds of considerations were performed to find the dependency of the predicted results. One is the 'accidental season', i.e. summer and winter, in which an event of radioactive contamination takes place in a specified urban area. Likewise, the 'rainfall intensity' on the day of an event was also considered with the option of 1) no rain, 2) light rain, and 3) heavy rain. The results predicted using a domestic model of METRO-K have been submitted to the Urban Areas Working Group for the intercomparison with those of other models. In this study, as a part of these results using METRO-K, the countermeasures effectiveness in terms of dose reduction was analyzed and presented for the ground floor of a 24-story business building in a specified urban area. As a result, it was found that the countermeasures effectiveness is distinctly dependent on the rainfall intensity on the day of an event, and season when an event takes place. It is related to the different deposition amount of the radionuclides to the surfaces and different behavior on the surfaces following a deposition, and different effectiveness from countermeasures. In conclusion, a selection of appropriate countermeasures with consideration of various environmental conditions may be important to minimize and optimize the socio-economic costs as well as radiation-induced health detriments.