• Title/Summary/Keyword: law & system

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A Study on Civil Liability as to Medical Practices Against the Premium Medical Treatment System (선택진료제를 위반한 의료행위의 민사책임에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa;Lee, Injae;Park, Dohyun
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.227-251
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    • 2014
  • In current law, the premium medical treatment system gives patients the right of choice between normal medical treatment service and premium medical treatment service. Only the doctors having a career more than a certain period of time fixed in the law are eligible for providing the premium medical treatment service. So, the premium medical treatment system is highly related to the patients' right to know and the right of self-determination. The system is also relevant to the so-called 'economic explanation' notion because patients should pay additional fee when they want to use this system. Meanwhile, the situation as follows is problematic as to this system. Although a patient applied for using the premium medical treatment system and the patient also chose his or her own doctor specifically, another doctor who was not selected as premium doctor could make a medical accident. Then, is the another doctor liable for damages because the accident was a medical malpractice or a breach of medical contract? In this study, we are going to examine the problems related with the premium medical treatment system. First, we examine the current law related to the system. Second, we look into the economic explanation duty and its application to the premium medical treatment system. Finally, we examine a real judgment case about a medical practice against the premium medical treatment system and we propose our solution to this case.

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A Comparative Study on the Trade Dispute Resolution System and the Commercial Arbitration of China, Taiwan, Japan and Korea (중국, 대만, 일본, 한국의 무역분쟁처리제도와 상사중재실태에 관한 비교연구)

  • Choe, Jang-Ho
    • Journal of Arbitration Studies
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    • v.8 no.1
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    • pp.55-85
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    • 1998
  • Each of China, Taiwan, Japan and Korea is in international trade one of the major countries in Asia and has been influenced by the Chinese character culture and the Civil law system. All these countries have their own commercial dispute resolution system for international trade dispute and commercial arbitration mechanism in their countries. They are making their own effort to internationalize and improve their commercial arbitration system. Among these countries China enacted a new arbitration law already. At that time Chinese arbitration law was referred to the UNCITRAL Model Law on International Commercial Arbitration for internationalization of Chinese commercial arbitration system. China also internationalized the panel of arbitrators by increasing the foreign arbitrators of the panel of arbitrators of CIETAC. These measures adopted by China will be the model of dispute resolution and the commercial arbitration system in other major countries in Asia.

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Development of Switching System for Flight Control Law (비행제어법칙 전환시스템 개발)

  • Ahn, Jong-Min;Im, Sang-Soo;Kwon, Jong-Kwang;Choi, Sup;Lee, Yong-Pyo;Ko, Joon-Soo
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.36 no.7
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    • pp.712-718
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    • 2008
  • This paper deals with a development of flight control law switching system which can be used for flight test of the research control law by switching control law during flight. Through this research program, fader logic and integrator stabilization design has been introduced to minimize the transient response of aircraft caused by flight control law switching and to prevent the divergence of the integrator included in the control law in standby mode. MIL-STD-1553B communication was applied to transfer the data between the two control laws. This paper introduce the control law switching system architecture and major design concept and include the system verification and validation result performed on the flying quality simulator of the advanced trainer.

A Comparative Study on ‘Schiedsgutachten’ (중재감정에 관한 비교법적 연구)

  • 김상찬
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.153-184
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    • 2003
  • ‘Schiedsgutachten’ is more of a law phenomenon that appears frequently in privity of contract rather than a concept that is .generally established in the positive law. There is no definition of this in the positive law which makes it difficult to put a finger on the concept but when the concerned party of the conflict puts the establishment of a fact that is a premise to the legal relationship or the right about the legal right's content or the supplementation of the legal relationship to a third party and makes an agreement to follow the third party's judgement, the process is called the contract of schiedsgutachten. At this point, the judgement of the third party is called the schiedsgutachten. This thesis strives to search for an activation of the schiedsgutachten system in Korea by analyzing and researching the systems in various European countries including Germany where the above mentioned schiedsgutachten system is relatively well-developed. First of all, the three types of schiedsgutachten in the German law will be looked into. Based on this, the theories and judicial precedents of Swiss law, French law, Italian law, and British law will be looked into as well. By doing this, similarities and distinction standards between the various countries' legal systems will be further analyzed. Along with this, the legal qualities and the binding power of the schiedsgutachten will be searched out. In Korea, the term schiedsgutachten itself is not customary as the system itself is not actively being carried out. However, in car damage compensation lawsuits which occupy a big percentage, if the schiedsgutachten system were to be used, the problem would be easily solved without progressing to lawsuits. Korea should actively seek out this system with the various models of different countries including Germany which has been introduced in this thesis as a model.

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Continuation and Rebirth: A Study on the Changing Mechanism of Customary Law - Based on the fieldwork on the main ethnic minority areas in South China (续造与重生:习惯法变迁机制研究 --基于南方主要少数民族聚居区的田野调查)

  • Chen, Hanfei
    • Analyses & Alternatives
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    • v.1 no.2
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    • pp.44-64
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    • 2017
  • From the field survey of the main ethnic minority areas in the south China, it is found that political, economic, cultural and natural environmental changes are the main reasons leading to the change of customary law. The power mechanism of the customary law change include the three aspects, such as the promotion of country elite, the dominance of grassroots government, and the daily demands of the villagers, which promote the change of customary law alone or together. Through the application of customary law, the country elites can adjust and refine the rules of customary law in order to make out the new customary law and promote its development. In the current pattern of rural governance, grassroots self-government is actually the "official supervision of people's autonomy". The executive power of the grassroots government often intervene the practice of customary law and other informal rules. This is another mechanism of customary law change. Customary law arises from the practice of the daily life of the villagers. If the villagers think that the norms of customary law cannot meet the actual needs of daily life practice, the customary law will be promoted in the form of collective consultation. This is the most important dynamic practice mechanism of customary law change. Transformation and abandonment are the two ways to change customary law. No matter what kind of change does not lead to the demise of the customary law system, the demise of the customary law is only an outdated result, which is made by the universality, nature and objectivity of customary law. The procedure of customary law change is the process of continuation and rebirth about customary law. The result of the change is to produce the new customary law of keeping pace with the times, and the customary law will be presented with new content and form after the change. The continuation of customary law means the inheritance of traditional customary law, but it is based on the transformation of traditional customary law. The rebirth of customary law means that the traditional customary law is completely discarded. But it will produce new customary law rules and be based on the needs of social life practice. Customary law occupies a pivotal position in the normative system and the national law cannot be replaced. The purpose of customary law change will let the customary rules better adapt to the development of modern society, adjust the social relations more reasonably and better meet people's needs of production and life, which is decided by the character of customary law.

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System for Supporting the Decision about the Possibility of Concluding the Civil Law Agreements for Medical, Therapeutic and Dental Services

  • Hnatchuk, Yelyzaveta;Hovorushchenko, Tetiana;Shteinbrekher, Daria;Kysil, Tetiana
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.155-164
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    • 2022
  • The review of known decisions showed that currently there are no systems and technologies for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper models the decision-making support process on the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which is the theoretical basis for the development of rules, methods and system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper also developed the system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which automatically and free determines the possibility or impossibility of concluding the corresponding civil law agreement for the provision of a corresponding medical service. In the case of formation of a conclusion about the possibility of concluding the agreement, further conclusion and signing of the corresponding agreement takes place. In the case of forming a conclusion about the impossibility of concluding the agreement, a request is made for finalizing the relevant agreement for the provision of the relevant medical service, indicating the reasons for the impossibility of concluding the agreement - missing essential conditions in the agreement. After finalization, the agreement can be analyzed again by the developed system for supporting the decision.

Institutionalization of Academic Law Library for Efficient Legal Education (효율적 법학교육을 위한 법과대학 도서관의 제도화 방향)

  • 홍명자
    • Journal of Korean Library and Information Science Society
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    • v.31 no.2
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    • pp.303-332
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    • 2000
  • This study analyzed the problems of legal education system in Korea; examined the basic elements and services required by ABA Standards and AALS Regulations and Bylaws; and surveyed the situation of 4 law school libraries in America in order to recommend the basic requirements for the establishment of a law school library if the American law school system is adopted.

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A Study on the Changes and Recognition and Enforcement of Foreign Arbitration Awards System in China (중국 중재제도의 새로운 발전과 외국중재판정 승인 및 집행에 관한 연구)

  • Park, Kyu-Yong;Xu, Shi-Jie
    • Journal of Arbitration Studies
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    • v.25 no.2
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    • pp.49-70
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    • 2015
  • There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

A Study on the Guidance Law Suitable for Target Tracking System of an Underwater Vehicle (수중운동체의 목표추적시스템에 적합한 유도론 선정에 대한 연구)

  • Yun, Kun-Hang;Rhee, Key-Pyo;Yeo, Dong-Jin
    • Journal of the Society of Naval Architects of Korea
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    • v.42 no.4 s.142
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    • pp.299-306
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    • 2005
  • To determine a guidance law which is suitable for Target Tracking System(TTS) of an underwater vehicle, the performance (hitting probability) of TTS were calculated with four different guidance schemes, considering underwater vehicle's manoeuvrability and characteristics of seeking equipment such as sonar To evaluate the performance of TTS with each guidance law, numerous target-tracking simulations of underwater vehicle were performed under the condition of target's various motion scenario. Furthermore, the effect of sonar characteristics to the performance of guidance law in TTS was studied by changing parameters of sonar such as frequency of ping and detecting error of target. The pursuit-tail guidance law showed the best performance among four different guidance laws. Complex motion of target from straight line to turning circle and zigzag movement, low frequency of sonar ping and large detecting error of target decreased the hitting probability.