• 통상정보연구
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• 제7권4호
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• pp.457-466
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• 2005

The main narrative of Shakespeare's The Merchant of Venice deals with a dispute over the matter of bond in regard to moneylending, and its consequences upon the eventual default. Only the clever interference of a lawyer or judge brings the crisis to an end. In solving his dispute over the bond between Antonio, the merchant of Venice, and Shylock, the money lender and a Jew, Shakespeare offers one of the most famous trial scenes in literature. This trial scene presents the art of arbitration by Portia who was disguised as a Doctor of Law and sheds light on the nature of law, justice, equity, and divine law. What one cannot overlook in this trial scene is the importance of reading ability. After all, interpretation is the next stage of reading. Drawing just verdicts and wise arbitration while at the same time deconstructing the implicit violence and incongruity in law is based on ceaseless effort of analytic and creative act of reading.

• Journal of Mechanical Science and Technology
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• 제17권12호
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• pp.2116-2124
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• 2003

An experimental study providing additional knowledge of quasi-conical symmetry in swept shock wave/turbulent boundary-layer interactions is described. When a turbulent boundary layer on the flat plate is subjected to interact with a swept planar shock wave, the interaction flowfield far from fin leading edge has a nature of conical symmetry, which topological features of the interaction flow appear to emanate from a virtual conical origin. Surface streakline patterns obtained from the kerosene-lampblack tracings have been utilized to obtain representative surface features of the flow, including the location of the virtual conical origin. The scaling law for the sharp-fin interactions suggested by previous investigators has been reexamined for different freestream Mach numbers. It is noticed that the scaling law reasonably agrees with the present experimental data, however, that the law is not appropriate to estimate the location of the virtual conical origin. Further knowledge of the correlation for the virtual conical origin has thus been proposed.

• 한국과학교육학회지
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• 제34권5호
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• pp.459-468
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• 2014

과학의 본성(NOS)에 대한 교육 담론들은 과학지식의 역할에 따른 구분, 특히 이론과 법칙의 구분을 과학교육의 중요한 학습목표로 규정한다. 그런데 과학자집단은 법칙, 이론, 원리 등의 용어를 명확한 정의없이 사용하며, 이 용어들이 관습적인 언어표현 속에서 일관된 의미를 갖지도 않는다. 당위와 현실사이의 이러한 차이는 교수학습의 혼란을 유발할 수 있다. 이러한 문제의식에서 본 연구는 법칙, 이론, 원리의 의미, 그리고 과학지식의 구조에 대해 논의한 과학교육연구와 과학철학문헌을 비판적으로 검토하였다. 과학교육연구에 대한 검토 결과 NOS 연구자들에 의한 법칙과 이론의 규범적 정의와 이 용어들의 실제 사용 사이의 불일치는 상당히 심각한 것으로 드러났다. 또한 과학철학문헌에 대한 검토를 통해 법칙과 이론의 구분이라는 이분법을 넘어서 과학지식에서 법칙, 이론, 원리라는 세 범주를 구분해야 할 필요성을 제기하였고, 관련 논의를 종합하여 법칙, 이론, 원리에 해당하는 지식의 특성을 정리하였다. 규범적 정의와 관습 사이의 불일치를 고려하면 세 범주와 관련된 교육의 목표로 용어의 정확한 구분을 강조하는 것은 바람직하지 않을 수 있다. 그보다는 서로 다른 기능과 특징을 갖는 세 종류의 지식이 있다는 것에 교육의 초점을 맞출 필요가 있다.

• Proceedings of the National Institute of Ecology of the Republic of Korea
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• 제5권2호
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• pp.43-49
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• 2024

Ecological monitoring provides indispensable data for biodiversity conservation and sustainable resource management. However, the complexity and variability inherent in ecological monitoring data necessitate robust verification processes to ensure data integrity. This study employed Benford's Law, a statistical principle traditionally used in fields such as finance and health sciences, to evaluate the authenticity of ecological monitoring data related to the abundance of migratory bird species across various locations in South Korea. Benford's Law anticipates a specific logarithmic distribution of leading digits in naturally occurring numerical datasets. Our investigation involved two stages of analysis: a first-order analysis considering the leading digit and a second-order analysis examining the first two digits of bird population counts. While the first-order analysis displayed moderate conformity to Benford's Law that suggested overall data integrity, the second-order analysis revealed more pronounced deviations, indicating potential inconsistencies or inaccuracies in certain subsets of the data. Although our data did not perfectly align with Benford's Law, these deviations underscore the complex nature of ecological research, which is influenced by a multitude of environmental, methodological, and human factors.

• 한국조경학회지
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• 제30권2호
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• pp.23-38
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• 2002

The purpose of this paper is to propose directions for urban greening and nature conservation in small-to-medium-sized cities in Korea for implementation of the Local Agenda 21 (LA 21 hereafter). In this paper, the status of implementation of the LA 21 in both Korea and Japan have been examined. In addition, the green-related plans of both countries have been compared. The cities of Jeonju and Sagamihara were chosen as examples to compare. The result of the research is as follows: 1)With regard to the responsible bodies, in Korea, the implementing plans were initiated by the environment-related authorities of local governments while, in Japan, the plans of action were initiated through consultative committees reflecting opinions from citizens and business entities. 2)Concerning the status of implementation of LA 21, the city of Jeonju has adopted a plan of action and then implemented the plan through a consultative body without adequate legal ground. On the other hand, the city of Sagamihara has enacted a local ordinance to implement the LA 21 It was learned that the newly enacted ordinance has positively been interrelated to existing environmental plans. 3)Regarding urban greening and nature conservation plans, the city of Jeonju has focused on comprehensive measures to preserve and restore ecology while the city of Sagamihara has clearly suggested educational purposes in its plans in addition to preserving and restoring ecology. 4)In terms of support by law or legal system concerned, it has been teamed that, compared with Japan, Korean plans have not been properly supported by law or the legal system to urban greening and nature conservation plans. The same was shown in the city of Jeonju as compared with the city of Sagamihara. As for future directions, the follow are proposed: 1) establishment of a local Committee on Sustainable Development, 2) enactment of relevant and regulations such as the Master Plan of Parks and Green Open paces, 3) establishment of ecological greening plans.

• 의료법학
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• 제9권1호
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• pp.285-317
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• 2008

To accept the doctor's professional negligence in the medical malpractice, the mistakes, by which the doctor did not foresee the production of the results in spite of the possibility of foresight and did not avoid the production of the results in spite of the possibility of avoidance, must be considered, and to decide the presence of the doctor's professional negligence, the standard must be the attention standard of general-common doctor engaged in the same business and the same function, and the medical enviornments, the conditions, the extraordinary nature of medical behavior, and etc should be considered by the general level of medical science at the time of accident. This principlel must be applied to the medical malpractice case occurred being on duty without exception. But, because of the extraordinary nature of duty work, it is difficult for any doctor to do one's best technical practice by making all diagnosis, medical treatment with all the equipment on the same plane as the ordinary times. That cannot be also expected for any doctor to do one's best technical practice in the terms of a social idea. From this point of view looking into The Precedent case related to Medical-service person being on duty sentenced by The Supreme Court, unlike the general medical malpractice case, the presence of the professional negligence in the medical malpractice occurred being on duty seems to be decided with more consideration on the general level of medical science, the medical enviornments and the conditions, particularities of medical practice at the time of accident. Especially, the extraordinary nature of medical behavior of the medical service person being on duty in the emergency room seems to be admitted compared to that of the medical service person being on duty in ward.

• 무역상무연구
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• 제13권
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• pp.365-387
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• 2000

One of the central and primary doctrine of the law of marine insurance is that the contract of indemnity entered into by assured and insurer is a contract of the utmost good faith. The notion of utmost good faith is a well established doctrine derived from the celebrated case of Carter v. Boehm(1766), decided long before the inception of the Marine Insurance Act(MIA). With the codification of the law, the principle found expression in sections $17{\sim}20$ of the MIA 1906. In section 17 is presented the general duty to observe the utmost good faith, with the following sections introducing particular aspects of the doctrine, namely, the duty of the assured and brokers to disclose material circumstances, and to avoid making misrepresentations. It is somewhat surprising that section 17, being a long founded doctrine, has not attracted the attention of the courts until very recently. Given that the most significant manifestations of uberrimae fidei are non-disclosure and misrepresentations, fulfillment of the obligation of utmost good faith was, not unreasonably, for a long time perceived in terms of the duty to disclose and not to misrepresent. However, Black King Shipping Corporation v. Massie, 'Litsion Pride'(1985) has clarified that the duty of disclosure stems from the duty of utmost good faith, and not vice versa. The duty of utmost good faith is an independent and overriding duty, with the ensuring sections on disclosure and representations providing mere illustrations of that duty. It is now clear that there are important questions with regard to the general doctrine and as to the nature and scope of any duty of good faith continuing after the contract of insurance is made which require separate and fuller discussion. The purpose of this paper is to review the nature and scope of the duty of utmost good faith.

• 한국간호교육학회지
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• 제20권2호
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• pp.255-265
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• 2014

Purpose: The study was done to explore lived experience of Japanese women taking care of chronically ill parents-in-law at home under the Korean family culture emphasizing filial piety. Method: van Manen's Hermeneutic Phenomenology research method was applied to conduct in-depth analysis on the meaning and nature of those experiences. This method derives the universal and fundamental aspect of human being. Results: There were 8 essential themes derived from the Japanese marriage-immigrants' experiences taking care of parents-in-law with chronic diseases as followings: 'stuck in a situation in which I am obligated to take care of the parent-in-law', 'hard to be the only person responsible to take care of the parent-in-law', 'unaccustomed to the Korean filial duty culture', 'the adverse effect of Korean-Japan history on taking care of the parent-in-law', 'refusing to let the taking care of the parent-in-law to be a shackle of my life', 'starting to be willing to take care of the parent-in-law', 'following through with my own way of taking care of the parent-in-law without being swayed by what others say', 'growing in the process of taking care of the parent-in-law'. Conclusion: The study results broadened ground to understand the experiences taking care of chronically ill parent-in-law from Japanese marriage-immigrants' social and cultural perspectives.

• 무역상무연구
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• 제69권
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• pp.407-426
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• 2016

The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.

• 무역상무연구
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• 제28권
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.