• 한국구조물진단유지관리공학회 논문집
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• 제14권5호
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• pp.169-178
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• 2010

해체공사는 건설행위에 의해 건립된 건축물의 수명이 평균 22년 이상 경과한 후에 시행되는 후행 건설공종이다. 90년대 이후 해체대상물이 고층화, 대형화됨에 따라 그에 대한 중장기적인 대비가 없었으며, 해체산업 관련 제도나 법 등이 체계적으로 마련되어 있지 않았다. 본 연구에서는 국내 해체공사 안전관리 관련법의 개선방안을 마련하고자 3가지 법령 개선(안)을 제안하였으며 그 내용은 다음과 같다. 첫째, 건설기술관리법의 안전관리계획 수립에서 해체공사 대상의 기준에 대하여 방안을 제시하였다. 둘째, 산업안전보건법의 해체공사표준안전작업지침의 문제점을 보완한 개선방안을 마련하였으며, 셋째, 건설기술관리법의 안전관리계획과 산업안전 보건법의 유해 위험방지계획의 중복성에 대한 통합화 방안을 제시하였다.

• Journal of Astronomy and Space Sciences
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• 제39권2호
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• pp.51-57
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• 2022

Cosmic radiation exposure of the flight crews in Korea has been managed by Radiation Safety Management around Living Life Act under Nuclear Safety and Security Commission. However, the domestic flight crews are excluded from the Act because of relatively low route dose exposure compared to that of international flight crews. But we found that the accumulated total annual dose of domestic flight crews is far from negligible because of relatively long total flight time and too many flights. In this study, to suggest the necessity of management of domestic flight crews' radiation exposure, we statistically analyzed domestic flight crew's accumulative annual dose by using cosmic radiation estimation models of the Civil Aviation Research Institute (CARI)-6M, Nowcast of Atmospheric Ionizing Radiation for Aviation Safety (NAIRAS), and Korean Radiation Exposure Assessment Model (KREAM) and compared with in-situ measurements of Liulin-6K LET spectrometer. As a result, the average exposure dose of domestic flight crews was found to be 0.5-0.8 mSv. We also expect that our result might provide the basis to include the domestic flight crews as radiation workers, not just international flight attendants.

• 해사법연구
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• 제29권2호
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• pp.115-144
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• 2017

2007년 미국에서 시작된 글로벌 금융위기의 영향은 국내의 해운 조선 분야에도 크게 영향을 미쳤다. 이와 관련하여 국내 조선소는 해운경기 악화로 인한 상선 수주물량 감소의 대체수단으로 여러 방면에서 수주전략을 수립하였고, 선택한 분야가 해양플랜트였다. 그러나 국내 조선소는 해양플랜트 관련 계약이 갖고 있는 위험성 분석에 대한 대비 없이 단순한 매출액 확대와 일감확보를 위한 무리한 영업 수주전략을 추진하였다. 이러한 결과, 해양플랜트 발주자와 초기에 계약한 금액보다 많은 비용이 투입되거나 제조물 인도지연에 따른 지체상금을 지급해야 하는 법적인 문제로 확대되었다. 주요 법적분쟁의 원인은 해양플랜트공사 시 발생할 수 있는 비선형모델에 의한 위험성 분석, 공정관리의 미숙, 국내 조선소가 "Engineering Procurement Construction 일괄계약"을 사용하는 해양플랜트공사계약의 이해 부족에 기인한다. 특히, 위험성 관리 항목의 한 요소로써 계약상의 독소조항에 대한 충분한 검토가 이루어지지 않은 점에 있다. 이러한 계약서를 검토할 만한 인력도 부재하다. 따라서 이 연구에서는 계약목적물의 인도지연이 발생할 수 있는 구체적 위험성의 존재를 식별하고, 해양플랜트공사계약 상에는 어떠한 불공정조항이 존재하며, 그러한 불공정조항이 실제 양 당사자에게 어떻게 적용되는지를 국내 조선소의 프로젝트 관리자의 인터뷰와 선행연구를 참조하여 구체적 위험요소가 계약상으로 어떻게 함의되는가에 대해서 살펴보았다. 이를 통하여 해양플랜트공사계약상 제조물인도지연에 관한 계약당사자의 법적 책임관계와 국내 조선 해양플랜트 산업발전에 기여할 수 있는 개선방안을 도출하였다.

• 무역상무연구
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• 제45권
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• pp.51-82
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• 2010

The "rules of private international law" or "conflict of law rules" work to determine the governing law, the law applicable to international contracts. These rules permit parties' autonomy to choose the law applicable to their contracts in cases of both litigations and arbitrations. In this regards, the present article examines parties' five options for the choice of the law governing their contracts, which the parties should consider when negotiating and drafting an international agreement. This means that parties in international contracting should check the contents of the law that they are to choose as the governing law before doing so. The first option is to submit the contract to its own law, which can be the safest and simplest solution generally. However this option is subject to the consent of the other party, and is not appropriate when the domestic law chosen contains mandatory rules strongly protecting the other party. Secondly, the option of choosing the other party's law is not preferable in general. Even though the other party is strong enough to succeed in insisting on applying its own law, the other party is advised to counter-offer a neutral solution by suggesting the application of a transnational set of rules and principles of international contract, such as Unidroit Principles. The third option to choose the law of a third country should be taken with the caution that it should be harmonized with either, in case of litigations, the international jurisdiction clause which makes the country chosen have the jurisdiction over the dispute arising under the contract, or, in case of arbitrations, the way of selection of the arbitrator who has good knowledge of the law chosen. The fourth option of submitting the contract to the lex mercatoria or the general principles of law including the Unidroit Principles can be a advisable solution when a dispute is designed to be submitted to experienced arbitrators. The final and fifth is to be silent on the choice of the governing law in contracting. This option can be usefully available by experienced negotiators who are well familiar with the conflict of laws rules and enables the parties to avoid the difficulties to agree on the governing law issue and leave it open until a dispute arises.

• 항공우주정책ㆍ법학회지
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• 제17권
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• pp.133-152
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• 2003

항공기의 안전성과 신뢰성을 확보하기 위하여 항공기, 엔진, 프로펠러는 물론이고 항공기용 부품소재 및 장비품에 대해서도 법적인 인증이 요구된다. 미국을 비롯한 항공선진국에서는 항공기용 부품에 대해서는 부품제작자증명을 받도록 하고, 표준화된 장비품 등에 대해서는 기술표준품 형식승인을 받도록 법적으로 규정하고 있으나, 국내의 경우에는 이에 대한 법적인 인증제도를 갖추지 못하고 있다. 따라서 본 연구에서는 미국의 부품제작자증명 제도를 분석하고 국내항공산업의 특성을 고려하여 항공기용 부품의 인증에 필요한 법적인 요건을 개발하여 항공법 개정안으로 제시하였으며, 이를 바탕으로 항공산업체의 인증시스템 구축을 지원하였다.

• KIEAE Journal
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• 제17권1호
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• pp.55-61
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• 2017

Purpose : As the necessity of reinforcement of infections management in medical facilities after MERS increased, Ministry of Health and Welfare promulgated the enforcement regulations of medical law on February 3, 2017. Its main objective is to improve patients' safety and medical-care quality through the establishment of isolation facilities from infectious diseases and the set-up of standards for In-patient and ICU facilities. The purpose of this study is necessarily to propose a standardized spatial composition model for ward modules by analyzing changing environments of in-patient facilities according to the strengthened medical law. Method: Theoretical studies will be undergone of Evidence-based Designs to improve patients' safety, medical quality, and domestic/overseas in-patient room guidelines. With reference to the status of 24 general hospitals over 500 beds, the spatial compositions of the in-patient rooms and the types of multi/single bed room modules will be analyzed. The directions of future in-patient room module changes through the study of the minimum ward module types and various ward types will be presented. Result: This paper will hopefully provide guidelines for hospitalization rooms that can be applied to the revised rules of medical law enforcement and provide a basis for a comprehensive study of patients' safety and efficient infection control as well.

• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.55-81
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• 2008

Most compensation issues are regulated under domestic law where third parties are suffered damage from crushes of aircrafts or their falling objects. This issue was internationally recognized. A Convention to unify the rules of the law concerning damage caused by aircraft to the third parties on the surface was signed in May, 1933( the 1933 Rome Convention) and it became effective in 1942. Later, modernization was carried out through the 1952 Rome Convention and the 1978 Montreal Protocol amending the 1933 Rome Convention. Ratifying States either to the Convention or to the Protocol is not as many as those States to the Warsaw Convention concerning air-transport. In 1999, which was a turning point of changes of centuries from the twentieth century to the twenty first century, the Montreal Convention was passed to modernize the Warsaw Convention, and was quickly widespread. On September 11 2001, the coordinated simultaneous terror attacks occurred. In the circumstances, the issue modernizing the Rome Convention came up. Thus, workout under the initiatives of the Legal Committee of the ICAO is under operation to adopt new Rome Convention. In Japan, a study on the ICAO Draft Convention was operated by which a working study group composed of experts from academy, industry and government was set up. This article, being based on that study, clarifies issues and gives future perspectives. This article presents author's individual views.

• 무역상무연구
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• 제71권
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• pp.1-36
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• 2016

Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

• 무역상무연구
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• 제25권
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• pp.41-71
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• 2005

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

• 무역상무연구
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• 제21권
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• pp.3-37
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• 2003

English law accepts the basic principle of freedom of contract that the parties should be free to agree on any terms that they like unless their agreement is illegal or otherwise contrary to public policy because it infringes some public interest. On the other hand, it has been limited for hundreds of years on the basis that certain contract terms, particularly in standard form, may alter a distribution of risks that the customer would reasonably intended. The alteration may often result from his simple ignorance caused by either lack of opportunity to become aware of clauses or inability to understand their full potential implications. In addition, it may also result from disparity in bargaining power which does not allow the customer to look after their own interests even if he is fully aware of the unacceptable clauses. In response to this problem, English law has employed both judicial and statutory intervention techniques to control unfair contract terms. This study describes and analyzes in detail how English law regulates such terms, particularly, in standard form, in order to provide legal advice to our sellers residing either in UK or in Korea who plan to enter into UK markets. It also attempts to explore any problem in the existing double legislations of UCTA and UTCCR and put forward future direction of English law in light of the Draft Unfair Terms Bill which was currently proposed by the Law Commissioners. The main concern of this paper will be confined to some of the various aspects of both judicial and statutory control of unfair contract terms in English law which may draw our attention in terms of domestic or international business sales.